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COLLECTION 

O F 

TREATIES 

BETWEEN 

GREAT BRITAIN 

AND 

OTHER POWERS. 



By GEORGE CHALMERS, Esq. 



VOL. I. 



LONDON: 

PRINTED FOR JOHN STOCKDALE, Pi c c A D 1 1 L * 



M Dec xc. 



JX 



T H F 



PREFACE. 



IT is always happy when private amufement can "be 
made fubfervient to general convenience. Having 
enjoyed a pleafure in collecting the Treaties between 
Great Britain and other nations, in adj lifting their 
dates, and in comparing their provifions, I prefumed 
to think that, were I to publifh the refult of my en- 
quiries, ftatefmen, whofe duty leads them to confult 
national conventions, might find an utility where I had 
difcovered the gratifications of refearch and acquifi- 
tion. 

Without the correfpondence of Du Mont, the learn- 
ing of Barbeyrac, or the zeal of Roufiet, it had been 
eafy to print a voluminous collection of treaties. My 
object, however, was not to make a big book, but an 
ufeful book; a commodious felection, which might lie 
handily on the table, and be readily infpected. With 
this defign, I have printed, in the following flieets, 
thofe treaties which are moft frequently perufed : I have 
referred to thofe treaties which are often confuited. 

The collections of national conventions, which were 
publiihed at fucceflive periods, and in different coun- 
tries, have not been always conveniently arranged, or 
accurately printed, at the fame time that they were 
univerlally allowed to be ufeful. They generally fol- 
lowed, indeed, a chronological order. But, from the 
A 2 vaft 



iv THE PREFACE. 

vaft mafs of dilcordant matter, it was often a difficult 
talk to collect the treaties which belonged to any par- 
ticular nation, or to adjuft the ftipulations which re- 
lated to any fpecified fubject. 

In the following collection, I have preferred a chro- 
nological order, while I have brought together the 
treaties which at various, times have been formed with 
each different nation. Without any ftrong motive of 
choice, I began with Ruflia, in die north ; I regularly 
proceeded to the fouth of Europe; 1 diverged after- 
wards to Africa and Afia ; and ended finally in Ame- 
rica. I flatter rnyfelf this arrangement will be found 
commodious. To the treaties, which belong to 
each particular country, and which form a didinct 
nead, I have prefixed a chronological index of prior 
treaties, for the. purpcfe of tracing a principle of con- 
nexion, and fhewing where thofe preceding conven- 
tions may be found. The ufefulnefs of this prefatory 
index will be acknowledged by thofe, who having been 
engaged in much fliidy, or in much bufmefs, have felt 
the hap inefs of knowing where to lay one's hand on 
the thing that the premire of the moment required. 
But, the brevity which I prefcribed to myfelf, did not 
allow me to fwell this prefatory index with the mention 
of every agreement, either for the hire of troops, or the 
performance of temporary flipulations. I was directed 
by my notions of utility, either in publifhing fome 
treaties, or in not mentioning others. The public, 
whofe convenience I have endeavoured to promote, 
and to whofe opinion I refpectfully fubmit, will ulti- 
mately determine whether, in making this felection, 
I have been directed by judgment, or by caprice. 

The firft treaty which was ever publiflied in this na- 
tion, by authority, was the treaty with Spain, in 1 664, 
which was conducted by Sir Robert Cecil, the firft Lord 
S-iiifbury, with fuch wonderful talents and addrefs. No 
tr-aty was printed, without authority, during any preced- 
iiig period. It had been extremely dangerous for pri- 
vate 



THE PREFACE, r 

vate perfbns, in the reign of King James, in the far- 
mer, or in the fubiequent reign, to have publiflied 
treaties with foreign Powers ; becauie to have done 
this had been confidered as meddling with matters of 
(late, and punifhed as an infringement of prerogative. 
The treaties of Charles I. v/ere publifhsd by authority. 
Cromwell made many treaties, becaufe he was anxious, 
like John IV. of Portugal, to procure the recognition 
of other Powers : but, I doubt, whether he lived to 
publifh them. The reign of Charles II. was fruitful 
in trea&es, which were printed by authority, often 
fingly, and fometimes collectively. The four treaties 
cf Breda were publifhed by the King's fpecial com- 
mand *, in 1667. A collection, comprehending le- 
venteen treaties, beginning with the Commercial Treaty 
with Spain, in 1667, and ending with the Aigerine 
treaty in 1682, was printed by direction of Lord Sun- 
derland, the fecretary of itate, in March i68i f. Such 
had been the fmallnefs of this imprefiion, or fuch the 
demand for it, that this ufeful code was reprinted in 
1686. The falutary practice of publifhing by autho- 
rity what was fo necefTary to be known, which had 
been begun by King James, was continued by King 
William, and by his royal fucceffors. 

It was however in King William's councils* that it 
was firtt determined to print authoritatively the PUBLIC 
CONVENTIONS cf Great Britain with other Powers J. 
It was owing to that determination, that the reign of 
Queen Anne faw the publication of RYMER'S FOEDERA* 

* By the affigns of J. Bill and C. Barker, the King's printers, 
410, 86 pages. 

t By the afligns of J. Bi'l, and H. Hills, and T. Newcomb, the 
ting's printers^ Loidim, 1685, 4_:o, 269 pages. 

J: The warrant, empowering Th )mas Rym jr to fcarch th? public 
repofuories for this great defign, was dated on the 26tii oi" Augait 
1693. Tliis warrant was renewed on the 3d of Ivlay 1707, when 
Robert Sanderfon was appointed his afliftant. And, on the i jth of 
February 1717, Sanderfon was continued the fmgle conductor of 
this laborious undertaking. 

A 3 



vi TH PREFACE. 

The firft volume, commencing with the documents of 
the year 1201, was publiihed in 1704; the twentieth 
volume, ending with the papers of 1654, was given to 
the world in 1735. 

As hiftoriographer thefe were not the only labours of 
Rymer: he left an unpublifhed collection, relating to 
the government and hiftory of England, from the year 
1115 to 1698, in fifty-eight volumes*, which the 
prudence of the houie of peers directed to be placed 
in The Britijh Uujeum, with the Cottonian manuicripts. 
Of men who have done great public fervic'es, we natu- 
rally wifn to know fomething of the origin and the 
end. Thomas Rymer was born in the north of Eng- 
land ; was educated at Cambridge ; and, intending to 
make the law his profeflion, he entered himfelf a flu- 
dent of Gray's Inn. He firft appeared as a poet and 
a critic in 1678 j when he publifhed Edgar, an heroic 
tragedy, which had fcarcely preferved his namej and 
Reflections on Shakejpcarc, in 1 693, which have drawn on 
him Warburton's indignation. On the deceafe of Shad- 
well, the great Mac Flecnoe of Dry-den, in 1691, who, at 
once, celebrated King William's birth, as Laureat y and re- 
corded King William's actions, as hiftoriographer, the 
laurel was placed on the brow of Tate, and the pen of 
hiftorian was delivered into the hand of Rymer. While 
collecting THE FOEDERA, he alfo employed himfelf, 
like a royal hiftoriographer, in detecting fi\zfaljbood and 
afcertaining the truth of hiftory j\ He lived to publilh 

fifteen 

* There is a lift of this great collection in the feventeenth volume 
of the FaeJera: and fee Ayicough's Catalogue of the Mufeum MSS. 
vol. i. N 4573 4630. 

t He publifted, in 1702, his firft letter to Bifhop Nicholfon: 
"Wherein, as he fays, King Robert 111. of Scotland is, beyond all 
difpute, freed from the imputation of ballardy." He foon after 
publifhed his fecond letter to Bilhop Nicholfon; containing an 
hiilorical dedudion of the alliances between France and Scotland : 
Whel ' eb 7 the pretended old league with Charlemagne is difprov- 
ed, and the true old league is afcertained." After his deceafr, there 
W* pubhlhed, in 1714, a fmall trcatifc < Of the Antiquity. Power, 

and 



THE PREFACE. vU 

fifteen folio volumes of the public conventions*, and 
from his collections Sanderfon publiflied the fixteenth 
volume in 1715. Rymer finished his ufeful career in 
December, 1713, and was buried in the church of St. 
Clement's Danes. Yet, after all his labours, he is 
ofteneft remembered for his critical ftrictures on 
Shakefpeare : for, iuch has been the fingular fortune 
of this illuftrious poet, that whoever has connected 
himielf with his name, either as commentator, pane- 
gyrift, or detractor, has been raifed up by the ftrength 
of his pinions, and will be carried through the ex- 
panfe of time by the continuance of his flight. 

Robert Sanderfon, who had thus been Rymer's co- 
adjutor, continued the Fcedera after his death. The 
feventeenth volume, which is the mod ufeful of the 
whole, becaufe it contains an INDEX of the perfons, of 
the things, and of the places, that this and the fixteen 
preceding volumes comprehend, he publiflied in the 
year 1717. The eighteenth volume, which was re- 
publifhed with the Caftrations, he .publifhed in 1726; 
the nineteenth in 1732, and the twentieth in 1735. 
Sanderfon, who was ufher of the court of Chancery, 
clerk of the chapel of the Rolls, and fellow of the 
Antiquary Society, died on the 2fth of December, 
1741. 

A new edition of the firft feventeen volumes was 
publifhed in 1727, by George Holmes, with colla- 
tions and amendments. Holmes was born at Skip- 
ton, in Yorklhire; he became clerk to Petyt, the 
keeper of the records in the 'Tower, about the year 
1695; he continued almoft fixty years the deputy- 

and Decay of Parliaments." And in the fame year, " Some 
Tranflations from Greek, Latin, and Itadan Poets, with other 
Verfes and Songs, never before printed. By Thomas Rymer, 
late Hiftoriogrnpher-royal." Thefe tranflations, verfes, and fongs, 
not being fuiricient to make a volume in izmo. were publifhed 
with Curious Amuftmtntf, by a Gentleman of Pembroke -hall in 
Cambridge. 

A 4 keeper? 



Vtf THE PREFACE. 

keeper; and, on account of his knowledge and his 
jnduftry, he was, by the recommendation of lord 
Hallifax, who was then chairman of a committee of 
the Houfe of Lords, appointed to methodize the re- 
cords, on the death ot Petyt, with a falary of . 200 
a year. This he enjoyed till his deceafe, in 1748, at 
the age of eighty-leven. Such were the able and in- 
duftrious men to whom we owe the Fcedera, a work 
which is at once infinitely ufcful, and highly honoura- 
ble to the Britifh nation. 

The bookfellers at the Hague publifhed a third 
edition of the Fccdera in 1739, having contracted the 
twenty volumes into ten. In this edition the docu- 
ments are tranflated into French, and printed in the 
oppofite column j and feme other papers of Icfs ufe- 
fulnefs are added. \Vith De Bure, I am inclined to 
confider this edition as the btft ; becaufe, with equal 
accuracy, it contains more matter in lefs fpace. Thus 
much with regard to thofe collections of treaties, 
which were publifhed by authority. 

The reign of Queen Anne fiift faw a collection of 
treaties, which was publifhed by private individuals, 
without authority. Two volumes appeared in 1710, 
which began with treaties of very early date, but c,f 
no validity, and comprehended documents rather hif- 
torical than diplomatic. A third volume was added, 
in 1713, without greater regard to fclection, arrange- 
ment, or precifion. And when thefe treaties were 
republiihed by the London bookfellers, in 1732, a 
fourth volume was added, containing fuch additional 
documents as recent events had produced. In 1772, 
two fmall volumes of treaties were publifhed, begin- 
ning with the grand alliance, of 1689, and ending with 
the declarations of 177 1, which concluded our difpure 
with regard to Falkland Iflands. A fupplemcntal vo- 
lume was added in 1781, comprehending public 
papers, from 1495 to 1734, ibme of greater and fome 
of lefs value. Thefe treaties were republiflied in 



THE PREFACE. k 

1785, arranged in chronological order, and expanded 
with additional matter; yet, comprehending fome- 
thing that is ufelefs amongft much that is good. 
During that active period, from the Revolution, in 
1688, to recent times, our feveral treaties were fingly 
publifhed, as they were made, with commentaries, 
which fometimes explained, but oftener obfcured thepi, 
though the pens of our profoundeft fcholars were em- 
ployed, with bilhop Hare at their head. 

How early foreign nations began to publifh their 
treaties, I am unable to tell. 'The articles of the twelve 
years truce y between Spain and the United Nether- 
lands*, which were concluded in April, 16.09, were 
immediately printed by authority. The momentous 
treaties of the fubfequent age were fucceflively pub- 
lifhed, as they were produced by various events. But 
the firfl collection of public conventions, which com- 
prehended the interefts of the European nations, was 
publifhed at Hanover, in 1693, by the illuftrious Leib- 
nitz, in two folio volumes, under the title of Codex 
juris gentium diplomaticus. Leibnitz, who was born at 
Leipfic, in i646,raifed himfelf by his genius and his 
labours to eminence among the high, and died in 
1716, at the age of feventy. 

During a bufy age of frequent negotiation, the pub 
lie curiofity demanded frefh gratification. In 1700, 
four folio volumes of National Agreements were pub- 
lifhed, under the infpection of James Bernard, who 
was born in Dauphine; and, retiring into Switzerland 
and Holland, after the revocation of the edict of 
Nantz, became profeflbr of philofophy at Leyden, and 
died in 1718. Thus, in the ardour of the public, and 
the interefts of the bookfellers, was laid the foundation 
of the CORPS UNIVERSEL DIPLOMATIQUE DV DROIT 

* That famous truce was printed at BrufTels, by Rutger Velpius, 
the printer to the court, in 1609, quarto. I have this traft in 
roy colleftiqn. 

I PES 



x THE PREFACE. 

DES GENS The labours of Bernard were expanded 
and improved by the cares of Du P 
collection appeared in 1726 Du MOht was alfo a 
French refugee, who, after fervmg in the armies of 
France, retired to Holland, and became hiftoriogra- 
pher to the Emperor: after various publications, he 
died in 1 7 26, having acquired the rank of Baron. 
bookfellers at Amfterdam, willing to gratify the pul 
lie tafte, and to promote their own gams, found other 
workmen, when they determined to fumiih a SUPPLE- 
MENT to the CORPS DIPLOMATIQUE. The celebrated 
Barbeyrac gave them, in 1739, a large volume, com- 
prehending the ancient Treaties, from the Amphictyomc 
times to the age of Charlemagne, which he had ex- 
tracted from the authors of Greece and Rome, and from 
the monuments of antiquity. This is a work of vaft 
and curious erudition. The performances of Ber- 
nard and Du Mont were only die labours of the hand : 
the volume of Barbeyrac was the elaborate produc- 
tion of the head. John Barbeyrac, who muft not be 
confounded with his uncle Charles Barbeyrac, was 
born at Beziers, became profeifor of law firft at Lau- 
fanne, and afterwards at Groningen, and finifhed his 
uferul courfe, in 1747. The bookfellers had fkilfully 
refolved to divide their intended publication into three ^ 
parts : the firft was the hiftorical and chronological 
collection of Barbeyrac, which has been already men- 
tioned, and which was defigned as an introduction to 
the diplomatic code ; the fecond was properly the Sup- 
plement, being an extenfion and continuance of the vo- 
luminous works of Bernard and Du Mont ; and the 
third part was to confift of the ceremonial of the courts 
of 'Europe. The performance of the two laft parts was 
given to ROUSSET, the hiftoriographer of the Prince of 
Orange, whofe diligence and whofe knowledge quali- 
fied him eminently for a tafk thus arduous and deli- 
cate. 

A complete collection of General Treaties muft 
confift of the following books : ift. Leibnitz's Codex, 

in 



THE PREFACE. xi 

in 1693; sdly, The Corps Diplomatique, with its 
Supplement, in i739> confifting of twenty volumes in 
folio, to which is annexed a copious index of matters ; 
jdiy, St. Prieft's Hiftoire de Traites de Paix du xvti 
Sitcle, deputs la Paix de Vervins jufcpi' a celle de Nimegue, 
1725, 2 vol. in folio; and 4thly, of the Negotiations 
Secretes, touching la Paix dt Munfter et d'Ofnabrug, 
1725, 4 vol. in folio. Thcfe ample collections begin 
with the eftablifhment of the AMPHICTYONS, 1496 
years before the birth of Chrift, being the moil ancient 
treaty which is to be met. with in the records of time; 
and end widi the pacification of the troubles of Ge- 
neva, in May 1738. Such, then, is the vaft mafs of 
papers which have originated from the rtftleflhefs, or 
the wifdom, of Europe ; and which every one muft 
poffefs, who is ambitious of extenfive knowledge, with 
regard to the difcordant interells of the European 
Powers. 

To all thefe muft be added, by thofe who are de- 
firous to form a complete library, the collections,, 
which have been published with regard to particular 
negotiations: as the peace of Nimeguen j the peace 
of Ryfwick ; the peace of Utrecht*: and to thefe 
may be added the ufeful collection of atfs, negotiations, 
and treaties^ from 1713 till 1748, in five-and-twenty 
8vo. volumes j-. The conventions of nations have 
not only been publifhed at large, but alfo in the ab- 
ftract. Rouffet favoured the world, in 1736, with 
Les Interets des Puifiances de 1'Europe, avec le Sup- 

Element, 4 vols. 410. Rcuflet ceafed from his ufeful 
ibours in Auguft 1762. Mably's Droit 'Public de 

* Aftes et Memoires concernant la Paix de Nimegue, 1697, 
4 torn, en 7 vol. in izrao. A&es et Memoires concernant la Paix 
de Ryfwick, 1705, 4 vol. in izmo. Memoires Politiques pour 
fervir a 1'Hiftoire de la Paix de Ryfwick, par Jean Du Mont, 1699, 
4 vol. in i zmo. Acles, Memoires, et autres Pieces authentiques, 
concernantla Paix d'Utrecht, 1714, 7 vol. in 8ro. 

f Recueil des Acles, Negociadons, et Traices, depuis la paix 
d'Utrecht, jufqu'aprefent, par JaivRouffet. 

4 V Europe, 



xii .TrtE PREFACE. 

r Europe 3 will be found a commodious manual, which 
is written with great knowledge, and arranged with 
uncommon (kill. It has been continued to the peace 
of 1763, and enriched with the annotations of Rouflet, 
who was no favourable commentator. Mably and 
RoufTet parted with unkind fentiments of each other, 
though the bookfellers had endeavoured to make them 
agree. 

But, of diplomatic refearches, there muft be an end. 
I have already expofcd my ignorance to the eyes of 
thofe who have made the knowledge of the interests 
of Powers a profeffion, whiift I have only looked for 
entertainment amid other labours and other ftudies. 
If the following ftieets mail be found an accommoda- 
tion either to the public or to individuals, my defign 
will be accomplifhed. I have one comfort, during 
the moment of publication, when I reflect, that ff 
this collection do no great good, it can be attended 
with no other mifchief than the addition of one more 
book to a clafs, which is already too numerou . 
than the retardment of other works, en the fame lub- 
jecl, which might be executed with better arrangement 
and greater accuracy. 

Green Street, p p 

Grofvenor Square, 
23 Odober, 1790. 



THE 



THE 

CONTENTS 

OF VOL. I. 

RUSSIA. Page 

tv, .- The LIST of TREATIES with, from 

1555 to 1766 - - i 2 

fbe Treaty of Commerce and Navigation, 

1766 - - 213 

Tbc Ediftfor eftablijhing an unlimited 'Trade 
in the Ruffian Dominions on the Black 



SWEDEN. 

The LIST of TREATIES with, from 

1654 to 1766 - - 18 19 

'The Treaty of Peace, 1654 - - - 20 29 

The Treaty 17 July, 1656, confirming that 

0/1654 - 2943 

The Convention, 17 July, 1656 - - - 43 44 
The Treaty, 21 October, 1661 -4460 

The Commercial Treaty, 1766 - - - 60 62 

PENMARK. 

The LIST of TREATIES with, from 

1640 to 1739 ------- 6364 

The Treaty of Peace and Alliance, 1 5 Sept. 

1654 ------- ^ - 65-73 

fbe 



Kiv THE CONTENTS. 

Page 

Tbe Articles of Peace and Alliance \\ July, 

1667''.-' -.,-'-'- - - - 73-78 
^CoMMER-ciAT/7r(y, T itbjtiiy, 1670. 7697 
Tbe Convention, tfb July, 1780, explaining 
tbe third Article of the CotnmercialTreaty, 
1670 - - WR - - - 97 9* 

The HANSE TOWNS. 

The LisT'of TREATIES jrifth, (rprn 

1435 to i73i' - - - 99 

Yfo Treaty cf Cpmterce with Dantzic, 

^Otlober, 1706 - 100109 

Extract from tbe Protocol of tbe Senate of 
Hamburgh, relating to tbe Herring Trade, 
%d April, 1716 - -no 

fbe Convention with tie City of Hamburgh^ 
%tb February, 1719, relating to tbe Her- 
ring Trade - m IIJ 

fhe Convention with tbe City of Bremen, 
ijtb Otfcber, .1731, relating to tbe Her- 
ring Trade - " - - 1 131 16 

PRUSSIA. 

The Lisxof TREATIES with, from 

1701 to 1788 . 11711 8 

Tbe Treaty cf Defgufive Alliance, i$tb 

...... 118122 



the STATES GENERAL. 

the LIST of TREATIES with, from 

157810178$ - . _' <7 . 123 1 2 S 

Tbe Convention 1 1 'April, 1661, relating to 

tbePojls ...... . ia 133 

TbePeaceof BREDA, ^- J/jy, 1667 - 133-150 
t&^fV COMMERCIAL TREATY, *\. July, 

1667 ----.,.. i c i 1 6 1 

Tbe Articles touching NAVIGATION and 
COMMERCE, J r February, 1 66 7 r - 161171 

Tbt 



THE CONTENTS. xv 

Page 
The Treaty (/WESTMINSTER, -^ February 9 

167;- - - ' - _- - - - 172177 

The MARINE TREATY, \ft December, 

1674 - 177189 

TbeExplanatiryDeclaration, 30^ December, 

1675, of the Marine Treaties, 166^- and 

1674 -------- 189 191 

The Definitive 'Treaty of Peace and Friend- 

Jhip, iofb May, 1784 - - - - 191 199 
The Treaty ofDefenfive Alliance, i $tb April, 

1788 - - ------ 199 204 

The AUSTRIAN NETHERLANDS. 
The LIST of TREATIES with, from 

1496 to 1743 - - - - 205 207 

{The Provifional Regulation of Trade in the 
Spanijh Netherlands, 44 Day of July, 
1713 - 207 209 

The BARRIER TREATY, \$th November, 

1715 - - - - 209255 

Count Voikras Declaration, \~ Auguft, 
1716, about the Trade in the Auftrian 
Netherlands - - - ' - - - 256 

The QUADRUPLE ALLIANCE, 1718 - 257 310 

The Treaty of VIENNA, i6/Z> March, 

1731 - 310327 

FRANCE. 

The LIST of TREATIES with, from 

1259 to 1787 ------ 327332 

The Peace of R\SWICK, 44 September, 

1697 -------- 332340 

The Peace of VTV.ECHT, ^^, 1713 34O 39 
The COMMERCIAL TREATY of UTRECHT, 

31 March 

TTAFriijiyjJ 39 424 

The Peace of AIX-LA-CHAPELLE, i8/2> 

OStober, 1748 ------ 424467 

The 



xvi THB CONTENTS. 

. .4 Page 

We Peace of PARIS, IOA& February, 

1763 467494 

The Peace of VERSAILLES, $d September, 

ij$3 ------ 495 

3*be COMMERCIAL TREATY, 1786 - - 517 
The EXPLANATORY CONVENTION of 'Ja- 
nuary, 1787 ' -' 544 

The EXPLANATORY CONVENTION of Au- 

/?, 1787 -.%** :-;;.' - - .. 550 
'The FAMILY COMPACT, between France 

and S fain, 1761 - - - . - * 5^ 



A COLLECTION 



A 

COLLECTION 

O F 

TREATIES, 



RUSSIA. 

*555* ^ I ^HERE are copies of the moft early 
J_ privileges granted by the fovereigns 
of Ruflk to the Englilh merchants, in Hack- 
luyfs Voyages, ed. 1598. vol. i. p. 265- 
372-378-470-507 ; and in Purchases Pil- 
grims, vol. iii. p. 754-59-61. 

1556. There are in the books of the Board of 
1628. Trade ten feveral grants of privileges by the 
fovereigns of Ruffia, to the Englifh mer- 
chants, from December 1556 to June 1628. 
Trade, L. N 100. 

1623. .Articles of perpetual league and alliance, 
16 June, intercourfe, and commerce, between James, 
King of Great Britain, and Michael Pheo- 
dorowich, Emperor of Ruflia. 

Rym. Feed. vol. xvii. p. 504. 

1654. There are copies of the terms on which 
14 Aug. the Englifh merchants were allowed to re- 
commence trade in Ruffia. 

Tburl. St. Pap. vol. iL'p. 558-62. 

VOL. I, B 1734- 



ft TREATIES [1555 

1774. A treaty of friendfhip, commerce, ano* 
2 d Dec', navigation, between George II. King of 
Great Britain, &c. and the Emprefs Anne, 

Pap. Off. L. 2. Board of trade> B. b. 
i6.Rouffe?s Sup. to the Corps Dip- 
lorn. torn. ii. p. 495- 

1 741 4 The treaty concluded between Great Bri- 

id April, tain and Ruflia, at Petedburgh, with the 

feparate and fecret articles. Pap. Off. L. J 

1742. The treaty concluded between Great Bri- 
li Dec', tain and Rufiia, at Mofcow, with the fepa- 
rate and fecret articles. Pap. Off. L. 4. 

1755. The treaty concluded between Great Bri- 
. Sept. tain and Ruffia, at Peterfburgh, with the 
feparate and fecret articles. 

Pap. Off. L. 1 6. treat. 1772. vol. ii. 
p. 137. treat. 1785. vol. iii. p. 30. 

1766. A treaty of commerce and navigation be- 
1 June, twecn Great Britain and Ruflia, concluded 
at Peterfburgh. 

treat. 1772, vol. iii p. 309-318. 
treat. 1785, vol. iii. p. 215-24. 

[The following Treaty of Commerce and Naviga- 
tion between Great Britain and Ruflia, 1766, is printed 
from the Treaties 1785, collated with an authentic 
copy, and corrected.] 

Article I. 

THE peace, frienclfhip, and good underftanding, 
which have hitherto happily fubfifted between their 
Majefties of Great Britain and of all the Ruflias (hall 
be ratified and confirmed by this treaty ; fo that from 
this time forward, and in all time coming, there (hall 

be, 



1766.] WITH RUSSIA. 3 

be, between the Crown of Great Britain on the one 
hand, and the Crown of all the Ruflias on the other; 
as alfo between the ftates, countries, kingdoms, domi- 
nions, and territories, that are fubject to them, a true, 
fincere, firm, and perfect peace, friendfhip, and good 
underftanding, which fhall laft for ever, and fhall be 
inviolably obferved, as well by fea as by land, and on 
the frefh waters ; and the fubjects, people, and inhabi- 
tants on the one part and on the other, of what ftate or 
condition foever they be, fhall perform to each other 
all acts of kindnefs and affiftance poflible, and fliall 
not do one another any hurt or injury whatever. 

II. The fubjects of the two high contracting powers 
fhall have full liberty of navigation and commerce in 
all the ftates fituated in Europe, where navigation and 
commerce are permitted at prefent, or fliall be per- 
mitted hereafter by the high contracting parties, to any 
other nation. 

III. It is agreed, that the fubjects of the two -high 
contracting parties fhall have leave to enter, trade, and 
remain with their {hips, boats, and carriages, loaded or 
unloaded, in all the ports, places, and towns, where 
fuch leave is granted to the fubjects of any other na- 
tion ; and the failors, pafTengers, and fhips, as well 
Britifh as Ruffian (though there fhould be among their 
crews fubjccts of fome other foreign nation) fhall be 
received and treated as the moft favoured nation , and 
neither the failors nor pafiengers fliall be forced to enter, 
againft their will, into the fervice of either of the two 
contracting powers, excepting, however, fuch of their 
fubjects as they may want for their own proper fer- 
vice ; and if a domeftic or failor defert his fervice or 
his fliip, he fhall be reflored. It is likewife agreed, 
that the fubjects of the high contracting parties fhall 
have leave to purchafe, at the current price, all forts 
of commodities of which they may ftand in need ; to 
repair and refit their fhips, boats, and carriages; to 
purchafe all kinds of provifions for their prefent fub- 

B 2 fiftance 



4 TREATIES [i555 

fiftancc of their voyage; and to remain or depart tt 
their pleafure, without ktt or **^** 
they conform to the laws and ordinances of the r 
tive dates of the high contracting parties where they 
may happen to be. In like manner the Ruffian fhips 
thaLrenavigating the fea, and are met by Enghfh 
ihips, fhall not be impeded in the courfe of their voy- 
age, provided, in the Britifh fea, they conform to the 
eftablifhedpraaice ; but, on the contrary, fhall receive 
from them all kind of afliftance, as well in the ports 
of the dominion of Great Britain as in the open lea. 

IV. It is agreed, that the fubjefts of Great Britain 
fhall be at liberty to bring, by water or by land, into all 
or into fuch provinces of Ruflia, where freedom of 
trade is permitted to the fubjefts of any other na- 
tion, all forts of merchandife or efFcfrs, the traffic or 
entry of which is not prohibited: and in like manner 
the fiibjefts of Ruflia fhall be at liberty to bring, buy 
and fell freely, in all, or in fuch dates of Great Britain 
where freedom of trade is permitted to the fubjects of 
any other nation, all forts of merchandife and effeds, 
the traffic and entry of which is not prohibited ; which 
is alfo to be equally underilood ot the manufa&ures 
and produces of the Afiatic provinces, provided this 
is not actually forbid by fome law at prefent in force 
in Great Britain j comprehending all forts of mer- 
chandife effe&s, which the fubjefts of any other 
nation may buy there, and tranfport into other coun- 
tries, particularly wrought and unwrought gold and 
filver, excepting the current coin of Great Britain ; and, 
in order to preferve a juft equality between the Ruffian 
and Britifh merchants, with regard to the exportation 
of provifions and other commodities, it is farther fti- 
pulated, that the fubje&s of Ruffia fhall pay the fame 
duties on exportation, that are paid by the Britifli mer- 
chants on exporting the fame effe&s from the ports 
of Ruflia ; but then each of the high contracting par- 
ties fhall referve to itfelf the liberty of making, in the 
interior parts of its dominions, fuch particular arrange- 
ments 



1766.] wiTHRUSSIA. 5 

ments as it Ihall find expedient for encouraging and 
extending its own navigation. The Ruffian merchants 
fhall enjoy the fame liberties and privileges as the 
Britifh merchants of the Ruffian company enjoy ; and, 
as the defign of the two high contracting parties, and 
the intention of this treaty, is to facilitate the reciprocal 
commerce of their fubjeclis, and to extend its limits 
and mutual advantages, it is agreed, that the Britifri 
merchants trading in the dominions of Rufiia, lhall 
have liberty, in cafe of death, a prefling exigency, or 
abfolute necefilty, when there are no other means of 
procuring money, or in cafe of bankruptcy, to difpofe 
of their effects, whether of Ruffian or foreign mer- 
chandife, in fuch manner as the pcrfons concerned 
fhall find moft advantageous. The fame thing fhall 
be obferved with regard to the Ruffian merchants in 
the dominions of Great Britain. All which, however, 
is to be underftood with this reftriction, that every fort 
of permiffion, on the -one fide and on the other, fpe- 
cified in this article, lhall not be in any thing contrary 
to the laws of the country; and the Britifh, as well as 
the Ruffian merchants and their factors fhall punc- 
tually conform to the rights, ftatutes, and ordinances 
of the country where they trade, in order to prevent 
all kind of fraud and impofition. 'Tis for this reafon, 
that the decifion of fuch events happening to the Bri- 
tifh compting-houfes in Ruffia, lhall be fubmitted, at 
Peterfburgh, to the college of commerce, and in other 
towns where there is no college of commerce, to the 
tribunals that have the cognizance of commercial af- 
fairs. 

V. It is agreed, that die fubjedls of Great Britain, 
if they have no rixdollars to pay the cufloms or other 
duties for the merchandize which they import or ex- 
port, lhall be allowed to pay them in other foreign 
coin of a known name and eftablilhed value, equal to 
that of the rixdollar, or in the current coin of Rufiia, 
the rixdollar valued at a hundred and twenty-five 
copecs (or pennies). 

B 3 VI. All 



C TREATIES [1555 

VI. All poffible affiftance and difpatch fhall be 
given to the loading and. unloading of fhips, as well 
for the importation as the exportation of commodi- 
ties, according to the regulations on that head efta- 
bliihed ; and they fhall not be in any manner detained, 
under the penalties denounced in the faid regulations. 
In like manner, if the fubjects of Great Britain make 
contracts with any chancery or college whatever, to 
deliver certain commodities or effects, upon notifying 
that fuch commodities are ready to be delivered, and 
after they fhall have been actually delivered at the time 
fpecified in thefe contracts, they fhall be received, and 
immediately thereupon the accounts fhall be fettled 
and cleared between the faid college or chancery and 
the Britifh merchants, at the time fixed in the faid 
contracts. The fame conduct fhall be obferved to- 
wards Ruffian merchants in the dominions of Great 
Britain. 

VII. It is agreed, that the fubjects of Great Britain 
may, in all the towns and places of Ruflia, where free- 
dom of trade is permitted to any other nation, pay 
for the commodities they purchafc in the fame current 
coin of RufTia, which they take for the commodities 
they fell, unlefs in their contracts they have ftipulated 
the contrary ; and this ought to be equally underftood 
of Ruflian merchants in the dominions of Great Bri- 
tain. 

VIII. In the places where embarkations are ordina- 
rily made, permiflion fhall be granted to the fubjects 
of the high contracting parties, to load their fhips and 
carriages with, and tranfport by water or by land, all 
fuch forts of commodities as they fhall have purchafed 
(with an exception, however, of thofe whofe exporta- 
tion is prohibited) upon paying the cuftoms, provided 
thefe fhips and carriages conform to the laws. 

IX. The fubjects of the high contracting parties 
Ihail pay no greater duty for the importation or expor- 
tation of their commodities, than is paid by die fub- 
jects 



1766.] wiTHRUSSIA. 7 

jects of other nations. Neverthelefs, to prevent on 
both fides the defrauding of the cuftoms, if it fhould 
be difcovered that commodities have been entered 
clandeftinely, and without paying the cuftoms, they 
fhall be confifcated ; but, befides that, no other punifh- 
ment fhall be inflicted upon the merchants on either 
fide. 

X. Permifilon fhall be granted to the fubjecls of 
the two contracting parties to- go, come, and trade 
freely with thofe ftates, with which one or other of the 
parties fhall at that time, or at any future period, be 
engaged in war, provided they do not carry military 
ftores to the enemy. From this peimifTion, however, 
are excepted places actually blocked up, or beficged, 
as well by fea as by land ; but, at all other times, and 
with the fingle exception of military ftores, the above- 
faid fubjects may tranfport to thefe places all forts of 
commodities, as well as paiTengers, without the leaft 
impediment. With regard to the fearching of mer- 
chant Ihips, men of war and privateers fhall behave 
as favourably as the reafon of the war, at that time 
exifting, can pofilbly permit towards the moft friendly 
powers that fhall remain neuter j oblerving, as far as 
may be, the principles and maxims of the law of na- 
tions, that are generally acknowledged. 

XI. All cannon, mortars, mufkets, piftols, bombs, 
grenades, bullets, balls, fufees, fiint-ftones, matches, 
powder, falt-petre, fulphur, breaft-plates, pikes, fwoids, 
belts, cartouch-bags, faddles, and bridles, beyond the 
quantity that may be necefiary for the ufe of the fhip ; 
or beyond what every man ferving on board the fhip, 
and every paifenger, ought to have, fhall be accounted 
ammunition or military ftores i and, if found, fhall be 
confifcated, according to law, as contraband goods or 
prohibited commodities ; but neither the fhips nor paf- 
fengers, nor the other commodities found at the fame 
time, fhall be detained or hindered to profecute their 
voyage. 

B 4 XII. If, 



g TREATIES [1555 

XII. If, what God forbid ! the peace fhould come 
to be broke between the two high contracting parties, 
the perfbns, fhips, and commodities, (hull not be de- 
tained or confiscated} but they fhall be allowed, at 
leaft, the fpace of one year, to fell, difpofe, or carry off, 
their effects, and to retire wherever they pleafe ; a fti- 
pulation that is to be equally underftood of all thofe 
who fhall be in the fea or land fervice ; and they ihall 
farther be permitted, either at or before their depar- 
ture, to confign the effects which they fhall not as yet 
have uilpofed of, as well as the debts that fhall be due 
to them, to fuch perfons as they fhall think pioper, 
in order to difpofe of them according to their dcfire, 
and for their benefit j which debts, the debtors fhall 
be obliged to pay in the fame manner as if no fuch 
nipture had happened. 

XIII. In cafe of a fhipwreck happening in any 
place belonging to one or other of the high contract- 
ing parties, not only fhall all kind of afliftance be 
given to the unhappy fufferers, and no fort of violence 
fhall be offered to them, but even the effects which 
they fh.ill have faved themfelves, or which they fhall 
have thrown overboard into the fea, fhall not be con- 
cealed, withheld, or damaged, under any pretext 
whatfoever; on the contrary, the above-faid effects 
and commodities fhall be preferved and reftored to 
them, upon their giving a moderate recompenfc to 
thofe who fhall have aflifled them in faving their 
lives, their fhips, and their commodities. 

XIV. Permiffion fhall be granted to Britifh mer- 
chants to build, buy, fell, and hire houfes in all the 
terntoues and touns of Ruffia, excepting, however, 
with regard to the permiffion of building and buying 
houfes in thofe towns of Ruffia which have particular 
rights of burgherfhip, and privileges inconfiftent with 
iucn indulgence ; and it is exprefsly fpecified, that at 

u- i te [ fbur g h ' Mofcow, and Archangel, the houfes 
which the Britifh merchants fhall buy, or caufe to 

be 



1766.] WITH RUSSIA. 9 

be built, (hall be exempt from all quartering of fol- 
diers, as long as they (hall belong to them, and Ihall 
be inhabited by them ; but with regard to the houfes 
which they (hall hire or let, thefe fhall be fubject to 
all the ufual charges of the town; the tenant and 
landlord fettling that matter between them. As to 
every other town of Ruflia, the houfes which they 
fhall purchafe or caufe to be built, in the fame 
manner as thofe which they fhall hire or let, Ihall 
not be exempted from the quartering of foldiers. 
Peimifiion (hall likewiie be granted the Ruffian mer- 
chants to build, buy, fell, and let houfes in Great 
Britain and Ireland, in the fame manner as is done 
by the fubjefts of the mod favoured nations. They 
fhall enjoy the free exercife of the Greek religion in 
their houfes, or in fuch places as are deftined for that 
purpofe j and in like manner the Britifh merchants 
fhall enjoy the free exercife of the Proteftant reli- 
gion. The fubjefts of either power, eftablilhed in 
Ruffia or in Great Britain, fhall have power to difpofe 
of their eftates, and to leave them by will to whom- 
foever they think proper, following the cufloms and 
laws of their own proper country. 

XV. Paffports (hall be granted to all Britifh fub- 
jecls who defire to quit the dominions of Ruflia, two 
months after they (hall have fignified their defign of 
departing, without obliging them to give fecurity ; and 
if, in that time, there appear no juft caufe for de- 
taining them, they (hall be allowed to go j nor (hall 
they be obliged to apply for that purpofe to any other 
quarter than to the college of commerce, or to that 
which may hereafter be eltablilhed in its place. The 
fame eafy methods of departing (hall, upon like occa- 
fions, and agreeable to the cuitom of the country, be 
granted to Ruffian merchants, who want to quit the 
dominions of Great Britain. 

XVI. Britifh merchants, who (hall hire or em- 
ploy domeftics, fhall, in this particular, be obliged 

to 



10 TREATIES [1555 

to conform themfelves to the laws of this empire. 
And Ruffian merchants Ihall be equally obliged to do 
the fame in Great Britain. 

XVII. In all law-fuits and other proceedings, the 
Britiih merchants fhall be amenable only to the col- 
lege of commerce, or to that which fhall hereafter be 
eftablifhed for the adminiftration of juftice between 
merchants. But, if it mould happen that the Britifh 
merchants mould have law-fuits in any place at a 
diftance from the above-mentioned college of com- 
merce, both they and the adverfe party fhall prefer 
their complaints to the magiftrate of the faid towns ; 
with this provifo, however, that the Britiih merchants 
fhall have the right to appeal from the fentence of 
the magiftrate, and to demand that of the college of 
commerce, if they find themfelves aggrieved. The 
Ruffian merchants in the dominions of Great Britain 
Ihall, in their turn, have the fame protection and 
juflice, which, according to die laws of that kingdom, 
are granted to other foreign merchants, and fhall be 
treated as the fubjefts of the moft favoured nation. 

XVIII. The Britiih merchants in Ruflia, and the 
Ruffian merchants in Great Britain, mill not be 
obliged to mew their books or papers to any pcrfon 
whatever, unlefs it be to make proof in the courfe of 
juftice; ftill lefs fhall the faid books or papers be 
taken or detained from them. If, however, the cafe 
ftiould happen, that any Britifh merchant becomes 
bankrupt, he ihall be amenable at St. Peterlburgh to 
the college of commerce, or to that which Ihall here- 
after be eftablilhed for the adminiftration of juftice in 
mercantile affairs ; and in other remote towns, to the 
magiftrate of the place; and he fhall be proceeded 
againft according to the laws that are or fhall be 
made for this purpofe. Neverthelefs, if the Britiih 
merchants, without becoming bankrupt, rcfufe to pay 
their debts, whether to the treafury of her Imperial 
Majefty, or to individuals, it fhall be lawful to lay an 

arreft 



1766.] WITH RUSSIA. n 

arreft upon part of their effects equivalent to their 
debts ; and, in cafe thefe effects fhould not be fuffi- 
cient for difcharging fuch debts, they may themfelves 
be arrefled and detained in cuftody, until fuch time 
as the greater part of their creditors, as well with 
refpect to number, as to the value of their refpective 
demands, have confented to their enlargement. With 
regard to their effects laid under arreft, they fhall re- 
main as a depofit in the hands of thofe who Ihall be 
named and duly authorifed for that purpofe, by the 
greater part of their creditors, as is above fpecified > 
which delegates (hall be obliged to appraife the effects 
as foon as poffible, and to make a juit and fair diftri- 
bution of them to all the creditors, in proportion to 
their refpective demands. The fame procedure Ih.ill, 
in like cafes, be obferved towards the Ruffian mer- 
chants in the dominions of Great Britain, and they 
fhall be there protected agreeably to the regulations 
made in the preceding article. 

XIX. In cafe of complaints and law-fuits, three 
perfons of fair and unblemi fried character among the 
foreign merchants fhaJl, with a proper regard to cir- 
cumftances, be named by the college of commerce, 
and where there is no fuch college, by the magiftrate, 
to examine the books and papers of the parties ; and 
the report they fhall make to the college of com- 
merce, or to the magiftrate, of what they ihall find in 
the faid books or papers, fhall be held a good proof. 

XX. The commiffioners of the cuftoms Ihall have 
the charge of examining the fervants or clerks of the 
Ruffian merchants, when they caufe their goods to be 
entered, whether they have, for that effect, the orders 
or full powers of the mafters ; and if they have not 
fuch, they fhall not be credited. The fame conduct 
fhall be obferved towards the fervants of the Britiih. 
merchants; and, when the faid fervants, having the 
orders or full powers of their mafters, fhall caufe their 
goods to be entered on account of thsir mafters, thefe 

iaft 



12 TREATIES [1555 

laft fliall be as refponfible as if they themfelves had 
caufed them to be entered. All the Ruffian fervants 
employed in the fhops ihall likewife be regiileied, and 
their matters lhall anfwer for them in the affairs of 
trade, and in the bargains which they make in their 
name. 

XXI. In cafe the Ruffian merchants who are in- 
debted to the Britiih merchants withdraw from the 
places of their abode to other parts or diftricts, the col- 
lege of commerce, after complaints lhall have been 
made to them on the fubject, and proofs of the debts 
have been adduced, lhall cite them three times, al- 
lowing diem a furhcient fpacc to appear in pcrfon; 
and if they do not appear within the term prelci ibed, 
the faid college fliall condemn them, and lhall fend, 
at the expence of the plaintiff, an expiefs to the Go- 
vernors and VVaywodei,, with orders to put the fen- 
tence in execution, and thus lhall oblige the debtors 
to pay the fums fpeciried. 

XXII. The brokerage lhall be fettled with juftice, . 
and the brokers fliall be refponfible for the quality of 
the goods and fraudulent package, and lhall be obliged, 
after fufficient proofs produced againft them, to make 
up the lofles to which they have given occafion. 

XXIII. A regulation fliall be made to prevent the 
abufes that may be commited in the package of leather, 
hemp, and flax j and, if any difpute happen between 
the buyer and the feller concerning the weight or the 
tare, the commiffioners of the cuftoms lhall deter- 
mine it according to equity. 

XXIV. In order the more effefbually to encourage 
and promote the trade of Great Britain, it is agreed, 
that for the future the Englilh woollen cloths, here- 
after fpecified, lhall not pay any greater duties on entry 
than are fettled in this article, viz. Englilh cloth for 
the ufe of the foldiery, lhall pay (in rixdolJars) only 
two copecs (or pennies) for every arlheen (or 71 i 

yards) 



1766,] WITH RUSSIA. ij 

yards) as a duty on entry j coarfe cloth of the county 
of York, known in the Ruffian Tariff by the name of 
Coftrogy, fhall only pay two copecs for every arfheen : 
broad flnnnel fhall only pay one copec per arfheen ; 
narrow flannel fhall only pay three-fourths of a copec 
per arfheen, all as duty on entry. And in every thing 
that regards the imports and duties payable on the 
importation or exportation of commodities in general, 
the lubjeds of Great Britain fhall be always confidered 
and treated as the moft favoured nation. 

XXV. The peace, friendship, and good under- 
ftanding fhall continue for ever between the high con- 
tracting parties j and, as it is cuftomary to fix a cer- 
tain term to the duration of treaties of commerce, the 
above-mentioned high contracting parties have agreed, 
that this treaty lhall continue for twenty years, counting 
from the day of figning ; and, after the expiration of 
that term, they may agree upon the means to renew 
and prolong it. 

XXVI. The prefent treaty of navigation and com- 
merce fhall be approved and ratified by his Britannic 
Majefty and by her Imperial Majefly ; and the ratifi- 
cations, in due and lawful form, fhall be exchanged at 
St. Peterfburgh, in the fpace of three months, or 
fooner if poflible, counting from the day of figning. 

In witnefs whereof, we the under-figned, in virtue 
of the full powers granted to us by his Majefty 
the King of Great Britain, and by her Imperial 
Majefly of all the Rufiias, have figned the prefent 
treaty, and thereto fet our feals. Done at St. 
Peterfburgh, this 2oth day of June 1766. 

(L. S.) George Macartney. (L. S.) Nikita Panin. 
(L. S.) Erne/i, Count 

Munich. 

(L. S.) Pr.A.Gditzm. 
(L. S.) Gr. ?eplof. 



14 TREATIES [1555 

7&? Ediff of the Emprefs of RufTia ; giving leave t* 
all foreigners, of what nation or country foever, to 
carry on a free and unlimited trade, both by Jea and 
land, witfr the fever al countries bordering upon the 
Euxine, which have lately been annexed to the Ruffian 
dominion -, and allotting facially to fucb foreign na- 
tions the ports of Cherfon in the government of Ca- 
therineflaw, Sebaftopolis (formerly called Acht-air) 
and Theodofia (formerly called Cafta) both in the 
province of Taurica, where they may rejide and carry 
en their traffic with the fame immunities and pri- 
vileges, religious and chit, as are allowed at Pctcri- 
burgh and Archangel. 

^ W E Catherine the fccond, by the grace of God. 
Emprefs and Autocratice of all the Ruffias, of Muf- 
covy, Kiovia Wolodomiria, Novogorod, Czarina of 
Cazan, Czarina of Aftrachan, Czarina of Siberia, Cza- 
rina of the Cherfonefus Taurica, Lady of Pickof, and 
Great Duchefs of Smolenfko, Duchefs of Eftonia, Li- 
vonia, Carelia, Twer, Ingoric, Permio, Vitatkia, Bul- 
garia, and other places ; Lady and Great Duchcfs of 
the country of Lower Novogorod, Chernigof, Razan, 
Polofzk Roftof, Jaroflof, Bcblerik, Uderfk, Obdorfk, 
Coudmfk, Wityrplk, MftiHawfTc, and Sovereign of all 
the northern coafts, Lady of the Twerlky country, of 
the Carthaliman and Grauzinian Cz^irs, of the country 
of Carbadimaj of the Princes of Circaffia, and thofe 
of the mountains, and of the other countries, Heircfs 
Lady, and Sovereign Ruler. 

Our endeavours to incrcafe the trade of our own fub- 

S P , J Sflrlfe. ther nati ns throu ghout the Black 
Sea a nd the Mediterranean, have met with the wifhed- 
forfuccefsi the treaty of commerce which we con- 
eluded with the Ottoman Porte on the icth of June 

differ whVH V V rCm r d th fe ^P^iments and 

,^ I n, J fr m the P ar ticular conftiturion of 

the Turkilh government, had obftruded the (aid trade 



HI 



1766.] WITH RUSSIA. -15 

in every ftep of its progrefs ; which can only be guard- 
ed againft by the inftitution of proper laws for the pro- 
tection of commerce, and by granting it that entire 
freedom which its various fpeculations and turns fo in- 
difpenfably require. The principles of this unlimited 
freedom we have adopted, and followed from the 
earlieft period of our government, as is manifeft from 
the feveral edicts and regulations which have been 
iflfued from our throne ; and we now extend thefe 
edicts and regulations in their utmoft latitude to the 
trade, of the Black Sea. The fecurity and convenience 
of that commerce are now fully provided for by the 
annexation of the province of Taurica, and the neigh- 
bouring territories, to our other dominions ; we have 
opened therein divers fea ports for the ufe of all per- 
fons who will carry away from thence the produce of 
Ruffia, and bring thither the produce and manufac- 
tures of other countries. 

It is well known, that the laft Turkilh war (a war 
which, during the fix years that it lailed, was figna- 
lized by fo many victories of our arms) was no fooner 
concluded than we erected within the government of 
Catherineflaw, upon the river Dniper, and at a fhort 
diftance, the city of Clierfon : it having appeared to 
iis that that fituation was particularly Commodious, as 
well for exporting the produce of Ruffia as for im- 
porting, from other countries, fuch things as might be 
ufeful to us ; and we lecured the trade thereof by the 
moft effectual means of defence, encouraging it more- 
over by fuch helps as were beft fuited to it, and were 
not inconfiftent with the general principles of com- 
merce. 

This town, as alfo Sebaftopolis (formerly called 
Acht-air) and Theodofia (formerly called Caffa) both 
which latter are fituarcd in the province of Taurica, 
and are provided with excellent fea-ports, we have, 
on account of the commodioufnefs of their fituation, 
ordered to be opened to all nations, living in amity 

with 



16 TREATIES [1555 

with our empire, for the purpofes of their commer- 
cial intercourfe with our faithful fubjects. Accor- 
dingly, we moft folemnly declare, by thefe preftnts, 
that all fuch nations are at liberty to come to the bid 
ports, either in their own or hired vefiels, and under 
their own colours, as alfo to repair thither by land ; 
and they are likewife free to depart from thence at 
their pleafure, paying the duties of importation and 
exportation agreeable to the tariffs eflablilhed in the 
respective cuftom-houfes. Moreover, all perfons, of 
what nations and countries foever, may remain in 
thefe towns as long as their bufinefs or inclinations 
may lead them, and enjoy the free exercife of their 
religion, agreeably to thofe laudable inflitutions which 
have been handed down to us from our anceftors, 
fovereigns of Ruflia, and which we ourfelves have con- 
firmed and augmented, permitting all ftrangers refid- 
ing in Ruflia to worfhip the Almighty agreeably to 
the religion of their forefathers, offering prayers to 
him, together with our own fubjects, that he will in- 
creafe the welfare and ftrengthen the power of our 
empire. We give leave to all and every one to carry 
on their trade with abfolute freedom, either fmgly or 
in companies, promifmg by our Imperial word, that 
all foreigners fhall enjoy the fame privileges in thofe 
three towns as they enjoy in our Imperial city of St. 
Peterfburgh, and in our provincial town of Arch- 
angel j and in cafe of a war, every one fhall be fe- 
cured by the principles of that neutral fyflem which 
we have erefted, and which, on our part, fhall be 
kept facred and inviolable. Finally, if any foreigners 
fliall wifh to fetde in thefe or any other towns or places 
of our empire, and to become our fubjefts, we will 
receive them moft gracioufly under our dominion, pro- 
mifmg that they fhall not only be allowed the free ex- 
ercife of their religion (as mentioned above) but the 
full enjoyment of all fuch privileges and exemptions 
with regard to trade and navigation as have been 
granted to our other fubjedsi as alfo to creel: fabrics 

and 



1766.] WITH RUSSIA. 17 

and manufactories, paying only fuch taxes as fhall be 
paid by our other fubjeds of the fame condition with 
themfelves. All perfons, who lhall thus become our 
fubjefts, fhall be at liberty, they and their defendants, 
to remain under our government as long as may be 
agreeable to them, or as their intereft may require ; 
and in cafe they fhould afterwards chufe to withdraw 
from the fame, they lhall be freely permitted fo to do, 
on paying the taxes that had been laid upon them for 
three years to come. The particular privileges which 
will be granted to the above-mentioned towns will be 
fet forth in their refpective charters, which are fpeedily 
to be published. 

Given at St. Peterfburgh, the 22d of February 
1784, and in the 22d year of our reign. 

The original was figned with her Impe- 
rial majefty's own hand. 



. I. C SWEDEN* 



,8 TREATIES [1654 



SWEDEN. 

1654. 'TP H E treaty of peace between Oliver 
1 1 April. Cromwell and Chriftina Queen of 

Sweden, concluded at Upfal. 

Treat. 1732, vol. iii. p. 89. 
Treat. 1785, vol. i. p. 69. 

1656. The treaty between Oliver Cromwell and 
17 July. Charles Guftavus King of Sweden, con- 
cluded at Weftminfter, confirming and ex- 
plaining the treaty of UpfaL 

Treat. 1732, vol. iii. p. 162. 
1 66 1. The treaty of alliance and commerce be- 
21 Oft. tween Charles II. King of Great Britain, 
&c. and Charles King ot Sweden, concluded 
at Whitehall. 

Pap. Of. H. 2. 

Treat. 1732, vol. iii. p. 240. 

Treat. 1772, Suppl. p. 28. 

1665, The treaty of alliance and commerce be- 
i Mar. tween Great Britain and Sweden, concluded 

at Stockholm. Pap. Off. H. 3. 

1666. The treaty of commerce between Great 
1 6 Feb. Britain and Sweden, concluded at Stock - 

holm. 

1668. The treaty between Great Britain, Swe- 
25 Apr. den, and the States General, with the fepa- 
rate articles, concluded at the Hague, 
. Pap. Off. H. 5. 

1674. The treaty of alliance and commerce 
30 Sept.^ concluded between Great Britain and Swe- 
10 Oft den > conclu< kd at Weftminfter. 
Pap. Off. H. 7. 

1659. 



1766.] WITH SWEDEN. 19 

1699. The treaty between Great Britain, Swe- 
4 Dec. den, and the States General) with the fepa- 

1700. rate and fecret articles > concluded at Lon- 
'^-?- Jan. don and the Hague. 

Pap. Off. H. 9. 

Treat. 1785, vol. i. p. 313. 

1703. k The defenfive alliance between Great 
~ s Aug. Britain, Sweden, and the States General, 
with the feparate article> concluded at the 
Hague. Pnp. Off. H. 10. 

1 7 20. The treaty of alliance and mutual aflift- 
2 1 Jan. ance, with the feparate articles, concluded at 
Stockholm^ 

Pap. Off. H. 13. 
Treat. 1732, vol. Jv. p. ic6. 
( 3 Rcujflet, Recueti Hijlorique, torn. ii. 

p. 476. 

1727. The acceflion of Sweden to the treaty of 
*4 Mar. Hanover, 3d Sept. 1725, between Great 
Britain, France, and Prufiia, with the fepa- 
rate and fecret articles. 
Pap. Off.H. 1 6. 
Treat. 1732, vol. iv. p. 162. 
RouJJet, Recueil Hiftorique, torn. iii. 
P- 3H- 

1766. The treaty of alliance and commerce be- 
5 Feb. tween Great Britain and Sweden. 



C 2 



TREATIES [1654 

V . .-* V< -v- - . -^ 

of Peace between Oliver Cromwell, Prc- 
/<? Commonwealth of England, and Chrif- 
tina, 'Queen of Sweden, concluded at Upfal the 
nth of April, 1654. 

WE the underwritten Axel Oxenftiern, Chan- 
cellor of the kingdom, and Provincial Judge of the 
Weftern Nordelles, Swedifli Lapland, and Jemp- 
terland, Count of die Southern Morea, Free Baron in 
Kimith, Lord in Tyholm and Tidoen, Knight ; and 
Eric Oxenftiern, Son of Axel, Prefident of the Gene- 
ral College of Commerce, Count of Southern Morea, 
Free Baron in Kimith, Lord in Tidoen, and of Vy- 
bium and Gorwats, Senators and Plenipotentiaries of 
the moft Serene and mod Potent Princefs and Lady, 
the Lady Chriftina, by the Grace of God of the 
Swedes, Goths, and Vandals, Queen, Great Princefs 
of Finland, Duchefs of Efthonia, Carelia, Bremen, 
Verden, Stetin, Pomerania, Cafiiiben, and Vandalia, 
Princefs of Rugen, alib Lady of Ingria and Wifmar, 
&c. and Senators and Plenipotentiaries alfo of the 
kingdom of Sweden, do hereby make known and tef- 
tify, That as there has been a good and amicable cor- 
refpondence, time out of mind, between the Swedifh 
and Englifh nations ; and that as for renewing and in- 
creafmg the fame, it has been thought convenient that 
Che moft illuftrious and moft excellent Lord Bulftrode 
Whitlock, Conftable of Windfor Caftle, and one of 
the Commiflioners of the Great Seal of England, 
fhould come to her Sacred Royal Majefty, by the 
command and in the name of Oliver, Lord Protector 
of the republic of England, Scodand, and Ireland, 
and the dominions thereof, fufficiently authorized and 
inftrufted to tranfact the affairs hereafter mentioned ; 
fo on the other hand, her faid facred Royal Majefty 
having furnilhed us with the like full powers, has 
graciouOy enjoined us, that after confultation held 
with the aforefaid Lord Ambaflador, on fuch mat- 
ters as fhall be thought moft agreeable to the prcfent 

circumftances 



1766.] w i T H S W E D E N. 21 

circumftances of affairs, for eftablifhing the freedom 
of commerce and navigation, and corroborating a 
mutual friendlhip, fomething certain might be deter- 
mined, and comprehended under certain articles of a 
mutual treaty : For which reafon, after mature deli- 
beration, we agreed to the points hereafter following, as 
they are clearly expreffed in the articles of this treaty. 

I. There lhall be and remain hereafter between the 
Queen and kingdom of Sweden, and the Lord Pro- 
tector and the republic aforefaid, and all and fingu- 
lar their dominions, kingdoms, countries, provinces, 
iflands, lands, colonies, cities, towns, people, citizens, 
inhabitants, and all their fubjects and inhabitants, a 
good, fmcere, firm, and perpetual peace, amity, good- 
will, and correfpondence, fo that both parties ihall love 
each other with the moft entire affection. 

II. The aforefaid confederates, and the fubjects, 
people, and inhabitants of both dominions, as occa- 
fion offers, lhall take care of and promote their mu- 
tual advantage ; Jhall alfo certify one another of any 
dangers which they fee threatened to either from the 
confpiracies and machinations of their enemies, and 
fhall oppofe and hinder the fame, as far as lies in their 
power. And it mail not be lawful for either of the 
confederates, either for himfelf, or by any other per- 
fons whatfoever, to a6l, treat of, or endeavour any 
thing to the inconveniency or detriment of the other, 
in any part of their lands or dominions whatfoever, 
whether by land or fea ; nor fhall either of the confe- 
derates favour the rebels or enemies of the other, nor 
receive, or admit into their dominions, any rebels or 
traitors, who fhall form any contrivance againft die 
ftate of the other, much lefs afford them any advice, 
afliftance, or favour, or fuffer or permit any fuch af- 
fiftance to be given them by the fubjects, people, and 
inhabitants of either nation. 

III. The faid Queen and kingdom, and the afore- 
faid kord Protedor and republic, fhall be very care- 

C 3 ful 



22 TREATIES [1654 

ful to remove all thofe impediments, as far as lies in 
their power, which have hitherto interrupted the con- . 
federates freedom of navigation, and commerce be- 
tween the two nations, through the dominions, lands, 
feas, and rivers of both, with other people and nations; 
and they lhall be juftified in aflerting, cflablifhing, 
defending, and promoting the abovementioned liberty 
of navigation, and of all merchandize on both fides, 
acrainft all difturbers whatfoever ; without flittering any 
thing to be done or committed, contrary to this article, 
either by themfelves, or their fubjcfts or people. 

IV. It is granted, and it fhall be free for both of the 
faid confederates, and their inhabitants and fubjefts, to 
have free ingrefs and egrefs, refidence or paiFage, in, 
through, or from the kingdoms, countries, provinces, 
lands, iflands, cities, and towns, walled or unwalled, for- 
tified or not fortified, dominions and territories what- 
foever, of the other confederate, freely and fecurely, 
without any licenfe or fafe-conduct, general or fpecial ; 
and in the mean time to buy and purchafe all necefla- 
ries for their fuftenance and, ufe, where they think fit, 
and that they be treated with all manner of benevo- 
lence. It {hall likewife be lawful for both of the con- 
federates, and their fubje&s and inhabitants, to mer- 
chandifc, traffic, and trade, in all places where com- 
merce has been carried on at any time hitherto, in 
whatfoever goods and wares they pleafe ; and every one 
lhall have leave to import and export the fame at dif- 
crecion ; provided they pay the duties, and obferve the 
laws and orders of the aforefaid kingdom and re- 
public, relating to merchandize, or any other right. 
Which things being prcfuppofed, the people, fubjeds, 
and inhabitants of either of the confederates, lhall have 
and poffcfs in the countries, lands, dominions, and 
kingdoms of the other, as full and ample privileges, 
and as many exemptions, immunities, and liberties, as 
any foreigner doth or fhall poflefs in the dominions and 
of the faid confederates. 



ij66.] WITH SWEDEN. 23 

V. The merchants, captains, mailers of ihips, ma- 
riners, and all men whatsoever, their fhips, and-all mer- 
chandize and goods in general, of either of the confe- 
derates, their fubje&s and inhabitants, fhall ,not be pur 
or detained under arreft, on any public or private ac- 
count, by virtue of any general or ipecial edict, in any 
of the territories, harbours, ftations, ihores, or domini- 
ons whatfoe ver, of the other confederate, for public 
life, warlike expeditions, or any other caufe, much lefs 
for the private ufe of any perfon j nor be compelled by 
any fort of violence, nor in any wife molefled or inju- 
red. Provided neverthelefs, that arrefts which are 
agreeable to juftice and equity be not prohibited, if 
made according to the ordinary forms of Jaw, and not 
to gratify the pafiions of private perfons, but as indil- 
penfably requifite for the adminiftration of law and 
juilice. 

VI. That if one or more Ihips of either of the con- 
federates, whether Ihips of war, or private fhips of bur- 
then belonging to their fubjects, citizens, and inhabi- 
tants, be drove by ftrefs or weather, or purfued by pi- 
rates and enemies, or compelled by other urgent ne- 
cefiity to any harbours, ftations, or fhores whatsoever, 
of the other confederate, they fhall be there received 
with all kindnefs and humanity, and enjoy amicable 
protection, without being hindered in any meafure 
from refitting themfelves intirely, and from buying 
all nece Maries for their fufte nance, repair, and conve- 
niency, at a fair price ; nor fhall they be hindered on 
any account from weighing anchor, and departing 
from any port and ftation, when they pleafe, without 
paying the cufloms, or any impoils, fo long as they 
do not contravene or tranfgreis the ftatutes, orders, 
and cufloms of the place, to which the fhips fhall be 
retired, or where they tlay. 

VII. For the like reafon, if one or more fhips, whe- 
ther public or private, of either of the confederates, 
their lubjedls or inhabitants, have run afhore, fuffered 

C 4 wreck, 



24 T,R E A T I E S [1654 

wreck, or any lofs or damage whatfoever, or fhall 
hereafter, upon the coafts or any territories whatibever 
of the other confederate, the fufferers lhall be kindly 
and friendly relieved, and afllfted for a proper reward. 
Provided that whatfoever be recovered of the faid 
wreck, or any lofs or damage, be fecured, preferved, 
and reftored to the rightful owner, or his reprefen- 
tative. 

VIII. That if the fubjects and inhabitants of either 
of the confederates, whether they are merchants and 
their factors, fervants, captains, mafters of fhips, ma- 
riners, or others, travelling or fojourning, for any other 
reafon, in the dominions of the other confederate, want 
the afliftance of the magiftrates, either to plead any 
caufe in the courts of juftice in their name for the re- 
covery of their debts, or for other lawful icafons, it 
fhall be courteoufly afibrded to them readily, and ac- 
cording to the equity of the cafe ; and juftice fhall be 
adminiftered without tedious and unnecefTary delays. 
They fhall not in any manner, or for any pretence, be 
hindered in tranfacting their affairs, contracting for 
merchandize, receiving the price for them, and per- 
forming their journies, but fhall be treated every 
where with the moft friendly offices j and it fhall be 
free for them on both fides to wear arms for felf-de- 
fence, on the fhores, or in the fhips, harbours, and 
public places whatfoever of the other confederate. 
Provided they do not give the governors and magi- 
ftrates of any place whatfoever, any juft fufpicion of 
any machinations againft the public or private peace j 
and whofoever behave modeftly and innocently, fhall 
be protected from violence and trouble. 

IX. It fhall be lawful for the faid confederates, and 
each of them, their people and fubjects, to buy and 
export from their refpective countries, dominions, and 
kmgdpms, arms and warlike ftores of all forts, 
and fhips, into one another's harbours, ftations, and 
fhores, tq hale them afhore with fafety and freedom 

tQ 



1766.] WITH SWEDEN. 25 

to refide there, and to depart from thence, provided 
they behave modeftly, peaceably, and conformably to 
the laws and cuftoms of the feveral places, and do not 
in any refpect hinder the freedom of commerce. In 
like manner, the Dutch fhips (hall have free accefs to 
the ports of the other confederate, and free anchorage 
there : but if their number be fuch as may give mani- 
feft fufpicion, they fhall not enter without content and 
leave firft obtained from that confederate, whole har- 
bours they are at; unlefc they are drove in by tem- 
pefts, or by violence, or by danger at fea : in which 
cafe they fhall fignify the reafon of their coining to the 
governor or chief magiftrate of the place, but fhall 
not ftay there longer than the time granted by the go- 
vernor, or chief magiftrate of the place, as aforefaid, 
nor longer than they obferve this article, and thoie 

other conditions hereafter ftipulated. 

i 

X. It fhall be lawful for the fubjecls and inhabi- 
tants of the Queen and kingdom of Sweden, to travel 
fafely, and without moleftation, in England, Scotland, 
and Ireland, and all the dominions thereof, and to 
pals through the fame whither they pleaie, by land or 
fea, to any nations whatfoever, and freely to trade and 
traffic with them in all forts of merchandize, to im- 
port them thither, and to export them from thence : 
and the people of the aforefaid republic fhall enjoy 
the fame liberties in the kingdoms, dominions, and 
territories of the Queen and kingdom of Sweden, on 
condition that the laws, ordinances, and prerogatives of 
each nation refpectively, which relate to commerce 
and merchandize, be obferved on both fides. 

XL Although the preceding articles of this treaty, 
and the laws of friendlhip forbid, that either of the 
confederates fhall give aid and afiiftance to the ene- 
mies of the other, yet it muftby no means be under- 
flood, that that confederate, with the fubjecls and in- 
habitants, who are not involved in war, fhall carry on 
no manner of trade and navigation with the enemies of 

that 



-6. TREATIES 1654 

that confederate who is engaged in the war. Only- 
it is hereby provided, in the mean time, till all the 
rules appertaining to this matter are fettled, that no 
merchandize of that fort which (hall be deemed con- 
traband (which fhall be Ipecified by a particular t 
logne, to be fettled within four months) fhall be car- 
ried to the enemies of die other, without danger of 
being made prize, and without hopes of redemption, 
if they are feized by the other confederate. 

XII. Left that fuch free navigation or paflage of 
one of the confederates, or his or her fubjefts and in- 
habitants, while the other confederate is at war, by 
land or fca, with other nations, fhould be prejudicial 
to the other confederate ; and left hoftile goods and 
wares fhould be concealed under the difguife of friend- 
(hip ; for removing all fuipicion and fraud, it is thought 
fit that all fhips, carnages, wares, and men, belonging 
to either of the confederates, fhall be duly furnifhed 
in their journies and voyages with fafe-conducls, com- 
monly called pafTports and certificates, which fhall be 
figned by the chief governor or magiftrate of the chief 
province, or city from whence they came, and be re- 
gulated in all things according to the forms that fhall 
be agreed on within the fpace of fix months -from the 
date hereof: And when the merchandize, goods, fhips, 
men of either of the confederates, and their fubjefts 
and inhabitants, fhail meet or be met by the fhips of 
war, public or private, or the fubjccts and inhabitants 
of the other confederate in the open lea or ftraits, har- 
bours, flations, lands, or other places wherefoever 
they fhall come together, after producing their fafc- 
condufts and certificates, nothing farther Yhall be de- 
manded of them ; no inquiry whatfoever fhall be made 
into the fhips, goods, or men, much lefs fhall they be 
injured, damaged, pr molefted, but fhall be freely let 
go toprofecute their journey, voyage, or bufmefs. And 
if any thing be committed by either parry contrary to 
the genuine meaning of this article, both of the con- 
federates fhall inflift a fevere punifhment on their fub- 

jefts 



1766.] WITH SWEDEN. 27 

jecls and inhabitants, the contraveners, and (hall take 
care that plenary and immediate fatisfaftion be given 
to the other injured confederate, or his iubje&s and 
inhabitants, for all lofs and expences. 

XIII. If it alfo happen hereafter, during this frietid- 
Ihip and treaty, that any of the people and fubjefts of 
either of the confederates attempt or endeavour any- 
thing contrary to this league, or any article thereof 
by land or fea, or elfewhere, this friendihip, league, 
and contract fhall not be interrupted or difiblved be- 
tween the faid confederates on that account, but lhall 
neverthelefs remain and continue intire, and thofe par- 
ticular men only fhall be punifned, who lhall violate 
this treaty, and right and juftice lhali be adminiflered 
to thofe who receive the injury, and all manner of fa- 
tisfadion fhall be made them for the lofs and injury 
within the fpace of twelve months after the reflitution 
demanded. And if the faid delinquents, and thofe 
who are guilty of the violence committed, refufe to 
ftand and fubmit to juftice, or to make fatisfaction 
within the day appointed, their eftates, goods, and 
poffefiions whatsoever, lhall be confilcated and fold 
for the juft and full fatisfaction of the injuries which 
they have committed j and the delinquents and guilty 
perfons themfelves, when they come into the power 
of the other ftate, fhall moreover differ due puniih- 
ment, according to the nature of tjie offence. And 
reftitution and fatisfaclion lhall be made fpeedily, and 
without delay, to the party injured, and his or her fub- 
jefts and inhabitants, for the lories and damages which 
either of the confederates fuffered by the other, dur- 
ing the war betwixt England and the United Provin- 
ces of the Netherlands. 

XIV. The prefent treaty and confederacy fhall de- 
rogate nothing from any preheminence, right, and do- 
minion whatlbever, of either of the confederates, in 
their feas, ftraits, and waters whatfoever, but fhall 
have and retain the fame to themfelves, in as ample 

a manner 



a8 TREATIES [1654 

a manner as they have hitherto enjoyed them, and as 
by right to them belongs. 

XV. Whereas therefore it is the primary infticution 
of this treaty, that iiich a freedom of navigation and 
commerce, as is defcribed in the foregoing articles, 
may be and remain on both fides, to both of the con- 
federates, their fubjecb and inhabitants, in the Bal- 
tic Sea, the Sound, the North Sea, the Britim Ocean, 
the Mediterranean, and the Channel, and the other 
feas in Europe, both parties (hall endeavour heartily, 
with their joint advice, help, and affiftance, that the 
aforefaid mutual freedom of navigation and commerce 
may be eftablifhcd and promoted, in all the feas and 
ftraits aforefaid, and defended, if occafion fhall re- 
quire, againft all difturbers, who (hall attempt to in- 
terrupt, prohibit, hinder, conftrain, or force it for their 
own pleafure, and for the fake of injuring the confe- 
derates. And both of the faid confederates ihall con- 
tribute friendly and readily to promote the advanta- 
ges and remove the difadvantages of each other ; fav- 
ing the treaties heretofore entered into, and (till fub- 
lifting, between both nations, and other kingdoms, re- 
publics, and dates. And hereafter neither of the con- 
federates (hall by any means enter into any treaty, or 
make any contracl: with other foreign nations and ftatcs 
whatfoever, to the leaft prejudice of this prefent trea- 
ty, without the previous knowledge and confent of the 
other confederate ; or if any thing (hall hereafter be 
ftipulated with others, it (hall be accounted of no ef- 
fect, and (hall yield in all refpefts to this mutual con- 
vention. As to the mutual aid or afliftance to be 
given one another for the defence of this treaty, and 
die freedom of commerce and navigation, when it 
Ihall be necefiary, and reafon requires, a more parti- 
cular agreement (hall be made, according to the ch% 
cumftances of time, &c. 

XVI. As to the other advantages to be enjoyed, 
and laws to be conformed to by the men of war, 

which 



1766.] WITH SWEDEN. 29 

which arrive at the harbours or ftations of either of the 
confederates, the trade to be carried on in America, 
alfo as to the catching of herrings, and other fifh what- 
foever, the appointing of ftaples and emporiums of 
commerce, and the regulating of other matters and 
conditions, which may be required for the greater il- 
luftration of the foregoing articles, the fame fhall be 
fettled, as hereafter fhall be mutually agreed, by a ipe- 
cial treaty or covenant. 

XVII. But thofe things to which we have confent- 
ed in the former articles fhall immediately from this 
inflant be in full force, and duly obferved by both 
parties, and by all who are united on both fides by 
allegiance, faith, and obedience. And to the intent 
that hereafter they may be rendered the more ftable 
and firm, as well by her moft gracious Royal Majef- 
ty, as by the Lord Protector of the republic of Eng- 
land, Scotland, and Ireland, and their dominions, in 
the name of his Highnefs, and the f:iid republic, 
they fhall be fubfcribed, figned, and ratified within the 
term of four months, with the very hands and feals of 
her Majefty and his Highnefs. 

In confirmation of all that is above written, and in 
witnefs that they fhall be facredly obferved, and rati- 
fied within the day aforefaid, on the part of her Royal 
Majefty, our moft gracious Lady, we have fubfcribed 
thefe prefents with our hands, and fealed them with 
cur feals. Done at Upfal the nth of April, 1654. 



'The Treaty between Charles Guftavus King of Swe- 
den, and Oliver Cromwell Protestor of England ; 
whereby the Treaty of Alliance made between thojs 
two States the nth of April 1654, is confirmed 
and explained. Done at London, Anno 1656. 

I Chriftiern Bonde, Free Baron of Layhela, Lord 
of Ymfifholm, Bordfoo, and Springeftadt, &c. Se- 
nator of the kingdom of Sweden, and of the moft Se- 
rene 



3 o TREATIES [1654 

rene and Potent Prince and Lord, the Lord Charles 
Guftavus, by the grace of God King of the Swedes, 
Goths, and Vandals, Great Prince of Finland, Duke 
of Efthonia, Carelia, Bremen, Verden, Stetin, Pome- 
rania, CafTuben, and Vandalia, Prince of Rugen, Lord 
of Jngria and Wifmar, alfo Count Palatine of the 
Rhine^ and Duke of Bavaria, Juliers, Cleves, and 
Mons, and Ambafiador Extraordinary from that Prince 
to the moft Serene and moft High Oliver Lord Pro- 
tector of England, Scotland, and Ireland, and the do- 
minions thereof, and to the republic of England ; do 
hereby make known and teftify to all and every one 
whom it concerns, or whom it may in any meafure 
concern, That whereas in the treaty made at Upfal, 
the nth of April 1654, between the moft Serene and 
Potent Princeis Chriftina, by the grace of God Queen 
of the Swedes, Goths, and Vandals, Great Princefs of 
Finland, Duchefs of Efthonia, Carelia, Bremen, Ver- 
den, Stetin, Pomerania, Cafiubcn, and Vandalia, Prin- 
cefs of Rugen, Lady of Ingria and Wifmar, and the 
kingdom of Sweden, and the faid Lord Protector of 
the republic of England, &c. certain affairs, relating 
as well to the eftabliihment of mutual friendfhip, as to 
the advantages of commerce and navigation, were de- 
ferred ,to a more convenient time. And whereas it 
hath feemed good to his laid moft Serene Royal Ma- 
jefty of 'Sweden, to fend me over to England, veftcd 
with fnfHcient powers to tranfaft the fame, and the 
other affairs which follow ; therefore, after a conference 
with the Lords Commiflioners of the faid moft Serene 
Lord Protector, viz. the moft noble Lord Nathaniel 
Fiennes, one of the Keepers of the. Great Seal, and of 
his Highneis's Privy Counfellors, Sir Bulftrode Wrfit- 
lock, Knight, one of the Commiffioners of his High- 
nefs's TreaTury, and Conftable of Windfor Caftle, 
and Walter Strickland, Efq ; bosh Members alfo of his 
Highnefs's faid Privy Council, furniihed with fufficicnt 
powers and commands for this purpofe j and after 
we hod mutually imparted our opinions, and maturely 

confidered 



i 7 66.] WITH S W E D E N. 31 

confidered the following points, we agreed as is clearly 
and perfpicuoufly expreflfed in the words of the under- 
written articles. 

I. It fhall be lawful for either of the Confederates 
to raife any foldiers and feamen by beat of drum with- 
in the kingdoms, countries, and cities of .either ; and 
aifo to hire men of war and fhips of burden, obferv- 
ing only the following conditions. 

1. Whichsoever of the confederates defires to have 
a mufter, he lhall notify his intention to his ally, and 
fpecify the places in which he thinks fiich levies may 
moft conveniently be made ; and if the condition of 
the other ally will not permit that the levy fhould be 
made in that place, then the other, being fo required, 
fhall appoint another place more convenient for his 
purpofe, and as little as poflible to the ' detriment of 
both parties. 

2. As to the number of foldiers to be raifed, or of 
friips to be hired, regard fhall be had to the affairs 
and circumftances of that confederate in whofe king- 
doms and dominions the mufters are to be made ; left 
if a greater number of forces be required than is fit- 
ting, the other fhould find the want of them, or be dif- 
appointed of them for his own occafions. 

3. When foldiers are raifed in that country, they 
fliall not take arms, nor fo much as on board the 
friips, till they come within twenty leagues of the place 
where they are to be fet afhore. 

4. The colonels or captains fhall. raife no foldiers 
who are already entered into the pay of another king 
or flate, nor fhall they entice any from their cc 
fours. 

5. The foldiers, failors, and fliips, raifed or hired, 
as above, in the kingdoms and countries of either of 
the confederates, fhall not be raifed againft the friends 
or allies of the other, to the violation of the treaties 
concluded aad now fubfifling between one another and 
their aliks, 

11. Whereas 



32 TREATIES [1654 

II. Whereas in the Xlth article of the treaty lately 
made at Upial in 1654, betwixt England and Swe- 
den, it was agreed and fpecified what goods and mer- 
chandize fhould hereafter be declared contraband and 
prohibited ; it is now by virtue of the faid article efta- 
bliflied, that only thofe hereafter mentioned fhall be 
reckoned prohibited, and confequently not to be dif- 
pofed of to the enemies of either, viz. bombs with 
their fufees and other appurtenances, fire-balls, gun- 
powder, matches, cannon-ball, fpears, fwords, lances, 
pikes, halberts, guns, mortars, petards, granadoes, 
mufket-refts, bandaliers, faltpetre, mufkets, muiket- 
balls, helmets, head-pieces, breaft-plates, coats of 
mail, cuirafies, and the like kind of arms ; loldiers, 
horfcs, with all their furniture, piftols, holders, belts, 
and all other warlike inftruments ; and alfo fhips of 
war. Money fhall alfo be reckoned among the goods 
with which the enemies are not to be fupplied, and 
which it fhall not be lawful to carry to the enemies of 
either, any more than the things above mentioned, on 
the penalty of being made prize without hopes of re- 
demption, if they are feized by either of the confede- 
rates. Nor fhall either of the confederates permit that 
the enemies or rebels of the other be affifled by any of 
their fubjefts, or that their fhips be fold, lent, or in any 
manner made ufe of by the enemies or rebels of 
the other, to his difadvantage or detriment. 

III. But it lhall be lawful for either of the confede- 
rates, and his people or fubjefts, to trade with the ene- 
mies of the other, and to carry them any goods what- 
foever, which are not excepted as above, without any 
impediment : Provided they are not carried to thofe 
ports or places which are befieged by the other; in 
which cafe they fhall have Jeave either to fell their 
goods to the befiegers, or to repair with them to any 
other port which is not befieged. 

IV. Whereas in the Xlth article of the treaty con, 
4 at Upfal the nth of April, 1654, between 

> v Sweden 



1766.] WITH S W E D E N. 33 

Sweden and England, it was agreed, that although, ic 
was precautioned and prohibited by the preceding ar- 
ticles, that either of the confederates fhould give aid 
and affiftance to the enemies of the other, yet it ought 
not to be underftood, that that confederate who is not 
involved in war with the enemy of the other, fhall not 
be allowed to carry on trade with the faid enemy of 
that confederate : but it was only provided thereby, 
till there fhould be a farther agreement concerning this 
matter, that no goods or merchandize which we com- 
monly call contraband lhall be carried to the enemy 
of the other, without danger of being made prize, and 
without hopes of redemption, if they are feized by the 
other confederate. In like manner, whereas by the 
Xllth article of the faid treaty, for the evading of all 
fulpicions, left the navigation or commerce of one of 
the confederates, whether by land or fea, Ihould be 
carried on during war to the prejudice of the other 
confederate, or left the goods of enemies fhould be 
carried under the difguife of the goods of friends, it 
was ftipulated and concluded, that all fliips, carriages, 
wares, and men, belonging to the other of the confede- 
rates, fhould be furnifhed in their journey and pafiage 
with fafe-condudls, commonly called paflports, and 
certificates, figned by the chief governor or magiftrate 
of that province and city from whence they came ; and 
that thofe forms of the pafiports and certificates were 
to be obferved on which the confederates fhould mu- 
tually agree on both fides ; and when the merchan- 
dize, goods, (hips, men of either of the confederates, 
and his fubjefts and inhabitants, fhall meet or be met 
by the fhips of war, public or private, or the fubjedts 
and inhabitants of the other confederate, in the open 
lea, ftraits, harbours, havens, lands, and other places, 
wherefoever or howfoever they fhall come together, 
after producing only their fafe-condudts and certificates 
nothing farther fhould be demanded of them, no in- 
quiry whatfoever fhould be made into the fhips, goods, 
or men, much leis fhould they be injured, damaged, 
VOL. L D or 



34 TREATIES [1654 

or molefted ; but fliould be freely let go to profecute 
their journey and purpofe, as is above iigmfied. 

And whereas by the XI Vth article it was ftipula- 
ted, that the faid treaty and confederacy fhould dero- 
gate nothing from any preheminence of right and do- 
minion whatsoever of cither of the confederates, in any 
of their feas, {traits, and waters whatfoever, but that 
'they ihonld have and retain the fame to themfelves in 
'as ample a manner as they had all along enjoyed 
"them, and as by right to them belonged ; Now there- 
fore that a fitting draught of fuch certificates and pa(T- 
ports may be formed and obferved, which may be an- 
fwerable to the meaning of the aforefaid articles, it is 
agreed and concluded on both fides, That for avoid- 
-ing all frauds and concealments whatfoever of the ene- 
mies goods, and all occafions of quarrels as to any 
certificates and paffports, fuch forms as are under- 
written verbatim (hail be obferved, and fubfcribed 
Jand figned by the chief magiftrate of that province 
and city from whence they come j that then the true 
names of die fhips, carriages, merchandize, and maf- 
ters of the fhips be fpecified ; as alfo the punctual days 
and times, without any fraud, together with other de- 
Icriptions of that fort, which are exprefled in the fol- 
lowing form of a fafe-conduct or certificate. Where- 
fore, if any perfon who fhall declare upon the oath by 
which he is bound to his king, (late, or city, that he 
has" given in a true account, be convicted by fufficient 
proof of having concealed any fraud by his permiflion 
imder his faid declaration, he fliall be feverely puniihed 
as a tranfgrelTor of the faid oath. 

We N. N. governor or chief magiftrate of the 
province or city of N. [the ride or office of the re- 
fpective government of that place being added] do 
make known and certify, that on the day of the 

month of A N.NvN. citizens and in- 

habitants of N. and who are engaged and bound as 
fubjefts of hit moft Serene Royal Majdly of Sweden, 

and 



jy66.] WITH S W E D E N. 35 

and to our city, or of the moft Serene Lord Protec- 
tor our moft gracious Lord, and to our city, perfon- 
ally appeared before us in the city or town of N. in the 
dominion [of his moft Serene Royal Majefty of Swe- 
den, or of the moft Serene Lord Protector "of Eng- 
land, juft as it fhall happen] and declared to us, that 
the fhip or vefTel called N. of about 

lafts or tons, belongs to the port, city, or town of N. in 
the dominion of N. and that the faid fhip does right- 
fully belong to him or other fubjects of his moft Se- 
rene Royal Majefty of Sweden, or of the moft Serene 
Lord Protector, that Hie is now bound directly from 
the' port N. to the port N. laden v/ith the following 
merchandize, viz. [here fhall .he fpecified the goods, 
with their quantity and quality ; for example, about fp 
many cheus or bales, hogfheads, &xr. according to the 
quantity and condition of the goods] and affirmed upon 
oath to the aforefaid N. that the faid goods or mer- 
chandize belong only to the fubjects of his moft Se- 
rene Royal Majefty of Sweden, the moft Serene Lord 
Protector of England ; or exprefllng to whatever other 
nation they belong, and that N. N. N. have declared 
upon their faid oath that the faid goods above fpeci- 
fied, and no others, are already put on board or are 
to be put on board the abovenamed Ihip for the faid 
voyage, and that nb part of thofe goods belongs to 
any one whatsoever; but the perfons abovemention^d ; 
and that no goods are difguifed or concealed therein 
by any fictitious name whatfoever, but that the mem 
chandize abovernentioned is > truly and really put oil 
board, for the ufe of the faid owners and no others 5 
and that the captain of the faid .fhip named N. N. is a 
citizen of the city of N. Therefore whereas after 
ftrict examination by us. the abovementioned [gover- 
nor or chief magijlrate of the city aforefaid] it fully 
appears that the goods on .board the faid fhip or vef* 
fel are free - 3 .and do truly ajid really belong to the fub- 
jects of his moft Serene Royal Majefty of Sweden, ok 
of the moft Se/ene Protector, or to the inhabitants -of 
D 2 other 



3 6 TREATIES [1654 

other nations abovementioncd ; We do moft humbly 
and earneftly require it of all and fmgular the powers 
by land and Tea, kings, princes, republics, and free 
cities ; alfo of the generals of armies, admirals, com- 
manders, officers and governors of ports, and all 
others to whom the cuftody of any harbour or fea is 
committed, which meet this fhip in her voyage ; or if 
fne happen to fall in, among, or pafs through their 
fquadrons, or to ftay in their harbours, that for the 
fake of the treaties and friendfhip which fubfift rcfpec- 
tively between them, or whoever are his fupuiors, and 
the moft Serene King of Sweden, - r th : moft Serene 
Lord Protector our moft g: acioui Lord, they will not 
only permit the faid captain with the Ihip N. and the 
men, goods, and merchandize to her belonging, to 
profecute her voyage freely without lett and molefta- 
tion s but alfo, if he think fit to depart elfewhere from 
fuch harbour, that they will (hew all kind offices to him 
and his (hips as a fubject of his moft Serene Royal 
Majefty or Sweden, or of the moft Serene Lord Pro- 
tector, as they fhall in like manner experience the fame 
from our moft Serene King, or our moft Serene Lord 
Protector, and all his minifters and fubjects in the like 
or any other .cafe. In witnefs whereof we have taken 
care that thefe prefents figned by our hands be iealed 
with the feal of our city. Given at our court. 

,V. Neither of thofe confederates (hall fuffer the 
fhips, veflels, goods, or merchandize of the other, or of 
his people or fubjects, which are taken at fca or elfe- 
where by enemies or rebels, to be brought into their 
ports or dominions, but (hall publicly forbid any thing 
of that kind to be done ; and if any fhips, veflels, 
goods, or merchandize of either, or his people or fub- 
jects, taken at fea or elfewhere, (hall be carried into 
the ports or countries of the other by any enemy or 
rebel of the confederates, or either of them, that con- 
federate into whofe harbours they fhall be carried, (hall 
not fuffer the fame or any part thereof to be fold in 
that port, or any other place in their dominion ; but 

fhall 



1766.] WITH SWEDEN. 37 

{hall take care that the matter of the fhip or veflel fo 
taken, as alfo the mariners and pafTengers, {hall as foon 
as they arrive, be immediately fet at liberty, together 
with all the prifoners, fubjects of either kingdom or re- 
public, as many as fhall be brought thither ; nor 
fhall he permit die faid fhip and veflel to flay in that 
harbour, but fhall command the faid fhip, with her 
goods, merchandize, and lading, immediately to leave 
the harbour. Provided neverthelefs, that nothing in 
this article be turned to the prejudice of the treaties 
formerly entered into by either of the confederates with 
other nations ; and where thefe things do not interfere, 
the above article fhall remain in full force. 

VI. It fhall be free for the men of war and guard- 
fhips of either of the confederates to enter into the 
ports, havens, or rivers of the other, where fuch fhips 
ufe to repair, and there to caft anchor, flay, and to 
depart from thence without any injury or moleftation ; 
provided thefe conditions are obferved. 

1. That it fhall not be free to carry into die har- 
bours of the confederate any fquadron, exceeding five 
or fix fhips, without giving fome notice thereof be- 
forehand. 

2. That the commander of the fquadron and fhips 
(hall without delay exhibit his letters of fafe-condu6t 
to the governor of the caftle, fort, city, or province, or 
acquaint the magiftrate of the place where he arrives 
with the reafons of his coming, and for what end, and 
how long he defigns to flay in that port or haven. 

3. That fuch fhips fhall not come or flay nearer to 
thofe caflles or forts than is convenient. 

4. That the mariners, fhips companies, and fol- 
diers, fhall not go afhore in bodies above 40 at a time, 
nor in any number that may give fufpicion. 

5. That while they are there they fhall not do any 
damage to any perfon, not fo much as their enemies ; 
and above all fhall not flop or obftruct the paflage of 
any merchant fhips whatfoever, into or out of the har- 
bour. 

D 3 6. That 



38. -TREATIES 

6. That they fliall not leave their ftation for the fake 
of infefting the navigation of any nation whatever. 

7. That diey ihaH in all rcfpeAs live and behave 
modcftly, quietly, and conformably to the laws and 
cuftoms of every place, ami have fpecial regard to the 
reciprocal friendfhip between the confederates. Where 
the terms aforefaid are rightly obierved according to 
the true meaning of die words, it fliall be lawful for 
the men of war of either confederate to keepup>n the 
eoafts, and continue in die harbours of the other i 
federate, whether for avoiding tempefb and enemies, 
or for rendezvoufing and aiTerribling merchant fliips, 
or any other juft caufes. But if either of the confe- 
derates fliall think it advantageous or neceflary to en- 
ter the ports of the other confederate with a gr- 
number of (hips, and to enjoy the conveniences there- 
of, he fhall fignify the fame to his confederate two 
months beforehand, during which time the ways and 
means of admitting the fame (hall be fettled. 

VII. Whereas it is provided by the aforefaid treaty 
at Upfal, that fatisfaclion fhould be giwn for the lofics 
which either of the confederates or Jiis people or fub- 
jefts fuftained from the other, or his people or fub-. 
jects, during the war between die Republic and the 
States of the United Netherlands, it is now agreed, 
that three commiflioners fliall be de-legated and d< 
ted on each fide, who fhall take cognizanc < 
decide all diofe difputes j which commiftloncrs fhall 
meet at London, die firft day of J anuary next, 
the diree commiflioners abovementiuncd, ii> chokn 
and deputed on both fides, fhall have power to take all 
thofe tilings into their confideradon which fliall be ex- 
hibited or propofed on both fides, and which happened 
in the faid period, as well concerning die rcftirution of 
he fliips or goods hidierto detained, as the fatisfaftion 
for lofles fuftained by the detaining of the fliips of ci- 
ther of the confederates, which are already or fliull 
hereafter be releafed ; or if it can be conveniently done 
in any other manner, they fhall judge of them fum- 
" according to right and reafon, without any ap- 
peal 



WITH- S W E D:E;N. ^ 

peal or forms of law ; and both parties fhall make it 
their chief bufinels and endeavour that what is juft 
and right be tranfacled in the controversies aforefaid 
without any delay, and that what is taken awaybere r 
ftored, and fatisfaction performed and made fully and 
really for the loffes and expences, according to the te- 
nor of the 'XIHth article cf the aforefaid treaty at Up- 
fal. But if the faid commifTioners cannot agree in any 
reafons or foundations whatfoever of the proofs relating 
to fuch reftitution or fatisfaction, then thofe differences 
Ihall be left to another convention of the confederate^. 
And that this may be done with the leaft lofs of time, 
they Ihall ufe their endeavour to finifh the cognizanc^ 
of all thefe matters in queftion within fix months after 
the firft meeting j and the reftitution and fatisfaction 
for thofe lofles fhall be made and performed fully and 
without delay, within the fpace of a month after fen- 
tence is pafied, by that king or ftate v/hofe fubjecl* 
ihall be doomed to perform the fatisfaction. 

VIII. The fubjefts of the faid moft Serene Lord 
Protector and the faid republic fhall alfo hereafter en- 
joy all the prerogatives in die feveral branches of trade, 
which they ufed to carry on in Pniflla and Poland, or 
clfewhere in the dominions of the faid moft Serene 
King of Sweden, which they enjoyed heretofore, in 
preference to other nations ; and if at any time they 
defire farther privileges, their defires fhall be gratified 
by all the means poffible : And if the faid moft Serene 
King of Sweden fhall grant greater and more ample 
privileges than the abovementioned, in Poland and 
Pruffia, to any nation befides, or people not fubject to. 
him, or fhall fuffer any nation or people to enjoy fuch 
larger privileges there, then the people and citizens of 
this republic fhall enjoy the fame privileges in all re- 
fpects, after they have defired it of his mpft Serene 
Royal Majefty. And moreover, if any edicts that 
have been publifhed fince 1650, happen to be burden- 
fome to the Englifh and Scots, dwelling or trading in 
Poland and Priifiia, the fame fhall after this rime be 
D 4 of 



40 TREATIES [1654 

of no force, as far as it can be rendered fo in the do- 
minions of the moft Serene King of Sweden ; but the 
fubjects of the faid Lord Protector lhall hereafter be 
entirely free from thofe burdens. 

IX. As to the commerce to be carried on in Ame- 
rica, it is exprcfsly provided by law, that the fubjech 
of no republic befides (hall be impowered to trade 
there in common without a fpecial licence : but if any 
of the fubjects of the moft Serene King of Sweden, 
furnifhed with his recommendations, (hall privately 
Solicit fuch licence of the Lord Protector to trade to 
any of thofe colonies whatfoever, he will in this re- 
fpect comply with the defire of his moft Serene Royal 
Majefty of Sweden, as far as the ftatc of his affairs 
and of the republic will for that time permit. 

X. It fhall be free for the fubje&s of the moft Se- 
rene King of Sweden, to fifh and catch herrings anil 
other fifh in the feas and on the coafts which are in the 
dominion of this republic, provided the fhips em- 
ployed in the fifhery do not exceed a thoufand in num- 
ber : nor while they are fifhing (hall they be any ways 
hindered or molefted ; nor lhall any charges be de- 
manded on the account of the fifhing by the men of 
war of this republic, nor by thofe who are commif- 
fioned privately to trade at their own expence, nor by 
the fifhing velfels on the northern coalb of Britain, 
but all perfons fhall be treated courteoufly and ami- 
cably, and lhall be allowed even to dry their nets on 
the fhore, and to purchafe all neccfiary provifions from 
the inhabitants of thofe places at a fair price. 

XI. It is alfo agreed and concluded, that the prefent 
treaty, and all and fingular the things therein con- 
tained and included by the afortfaid ambafTador of 
his faid moft Serene Royal Majefty of Sweden, and 
the commiffioners of the moft Serene Lord Protector, 
fhall be confirmed and ratified within four months next 
enfumg (or fooner if poffibie) by the letters patent of 
the faid King and Proteftor, fcaled in due and authen- 
tic 



w i T H S W E D E N. 41 

tic form with their great feal ; and that the mutual 
inflruments fhall be exchanged on both fides within 
the term aforefaid. 

<The Commiffion from the mojl Swene Lord ProteRor* 

OLIVER, Protector of the republic of England, 
Scotland, and Ireland, &c. To all and fmgular to 
whom thefe prefents fhall come, greeting. Know ye. 
That whereas in the treaty made at Upfal between us 
and the moft Serene and Potent Princefs Chriftina, 
&c. fome points relating to the eftablifliment of a mu- 
tual amity, and to the advantages of trade and navi- 
gation, were adjourned to a more convenient oppor- 
tunity j and whereas the moft Serene and Potent 
Prince and Lord Charles Guftavus, &c. hath fent to 
us as his ambaffador the moft noble Lord Chriftiern 
Bonde, &c. veiled with full powers to tranfaft thofe 
and other affairs ; we being entirely fatisfied of the 
probity, fidelity, care, and prudence of our well-beloved 
Nathaniel Fiennes, &c. Bulftrode Whitlock, &c. and 
Walter Strickland, &c. have, by the advice of our 
council, made, conftituted, and appointed, and by 
thefe prefents do make, conftitute, and appoint them 
our true and undoubted commilTioners, plenipoten- 
tiaries, and deputies, giving and granting to them, 
or any two of them, full authority and power, and a 
general and fpecial command, to treat, conclude, and 
determine with the faid lord ambaflador of the faid 
moft Serene King, of and concern ing all the premifes, 
under fuch regulations, heads, forms, promifes, re- 
ftriftions, and fecurities, which they fhall think requi- 
fite for the due obfervation of die conventions. And 
whatfoever our faid commifiioners fhall agree and 
conclude with the faid lord ambaflador, we promife 
bona fide (obliging ourfelves and our fucceflbrs by 
thefe prefents) to obferve, perform, and ratify in every 
point, in the beft manner poflible, as if we ourfelves 
were prefent, In witnefs whereof we have figned thefe 
prefents with our own hand, and caufed our great feal 

of 



44 -TREATIES [1654 

of England to be affixed to them. Given at our pa- 
lace of Weftminfter the i5th day of July, O. S. 
Anno 1656. OLIVER, P. 

<Tbe Commiffion of bis moft Serene Royal Majcjly of 
Sweden. 

WE Charles Guftavus, &c. &c. do certify and 
make known, that whereas it is natural to thofe who 
are in the moft fincere friendfhip, to defire that the 
fame may be improved and increafed every day ; and 
whereas it is for the common intereft of our kingdom, 
and of the republic of England, Scotland, and Ire- 
land, and of our good friend the moft Serene and moft 
High Oliver Lord Protector of that republic, and the 
dominions thereof, that we mould concert a clofer 
league than what has been hitherto, cfprcially at this 
thine, when it is very manifeft that many perfons arc 
coitfpiring our deftruction : 

We have therefore given it in command, as we do 
by thefe prefents in the bcft form command and com- 
miflion our well-beloved Lord Chriftiern Bonde, &c. 
our ambaflador extraordinary, a man of known pru- 
dence, circumfpedion, and probity, to treat, fupulate, 
and conclude a drifter league between us, and all 
things thereunto appertaining, with thofc perfons who 
fhall be deputed with full powers for that purpofe, on 
the part of the Lord Protector, and of the faid repub- 
lic. And whatsoever our abovcnamed ambaflador 
extraordinary Ihall tranfact, conclude, and eftabliih 
with the plenipotentiaries of the Lord Protector and 
of the faid republic, Ihall by us be ratified and per- 
formed to all intents, and purpofes. In witnek and 
confirmation whereof, we have commanded thefe prc- 
fents, figned by our own hand, to be icaled with our 
great fcal. Given at our palace of Stockholm die i ctJi 
day of June, 1656. 

CHARLES GUSTAVUS, 

Cantberflten. 

u 






*- .] WIT IT -s w E-D--RN. 43 . 

In witnefs of all and fingular the premifes, we the 
commifiloners of the rnoft Serene and the moft High 
Protector of the republic of England, Scotland, Ire- 
:cc. by virtue of cur aforefaid commiffion, or full 
pov.ers, have figned the prefent treaty, confifling of 
eleven articles, with our hands, and iealed it with our 
feals. Done at Weftminfter July 17, Anno 1656. 

A Contention relating to the fecond Article in the 
'Treaty betwixt Sweden and England. D&te a$ 
Weftminfter July 17, Anno 1656. 

WHEREAS in the fecond article of the treaty con- 
cluded at Weftminfter, anno 1656, betwixt England 
and Sweden, it is declared as a point agreed and rati- 
fied by the commifTioners of the moft Serene Protec- 
tor, and by the lord ambafiador of the moft Serene 
King of Sweden, that onjy the goods, merchandize, 
and other things mentioned in that article, fhpulj 
hereafter.be deemed, as contraband, and publicly pro- 
hibited. And whereas the moft Serene Lord Puotec- 
tor has propofed by his commillioners, and has ftipu- 
lated with the afarefaid ambaffador extraordinary, that 
as Jopg as the war continues betwixt the Englifh and 
the Spaniards, none of the goods and merchandize fol- 
lowing (hall, under a penalty to be hereafter ex- 
prefied, be carried from the dominions of the moft Se- 
rene King of Sweden, to any part of die 'Spanifli do- 
minions ; and whereas to the intent that this might be 
granted with the more e'ale,- it .has been alfo prcpo'fed 
that a conference ihoulcj be held for afcertaining the 
price to be given by the Engiifh merchants, for ail 
thofe goods which fliaii come Jrom the S\vedilh domi- 
nions 3 and whereas die aforefaid ambaflador faid he 
could not give his confcnt to the faid demand, becaufe 
he had it not in - his inftru6tions from his mcft Se- 
rene King, and therefore left it entirely to the djfcre- 
tion of his moft Serene Majefty ; it is declared by 
{his writing, that the faid fecond article, if the molt 
Serene King will agree to and ratify it, fhail be only 
ratified upon this condition, That as long as the war 

continues 



44 TREATIES [1654 

continues betwixt the republic of England and the 
Spaniards, neither his Swedifh Majefty, nor any of 
his people, fhall carry pitch, tar, hemp, cables, fail- 
doth, or mafts, to any places in the dominions of Spain, 
but on the contrary, the faid King fhall moft exprefsly 
forbid it j and if any fuch merchandize fhall be carried 
thither contrary to this agreement, the fame friall be 
liable to be feized by, and forfeited to the Englifh. 
Wherefore it is moft exprefsly provided, that if the 
faid King fhall not content to it, then all the faid 
fecond article relating to contraband goods (as alfo 
the third article which depends thereupon) fhall imme- 
diately become of no force, and the queflion relating 
to the fpecification of contraband goods, fhall remain 
in the flate that it was before the time there was any 
treaty about it at London ; neverthelefs the reft of the 
articles fhall remain in full force. And moreover, it is 
agreed and concluded on both fides, by virtue of the 
feveral powers granted to them, that although the pre- 
fent article be not inferted in the faid treaty, it fhall 
be of the fame force and virtue as die treaty itfelf. 
Done at Wcftminfter, July 17, 1656. 

Nathaniel Fiennes, (L. S.) 
Bitlfrodc Wbitlock, (L. S.) 
Walter Strickland, (L. S.) 



[The following Treaty of 1661 is printed from 
the Supplement to the Treaties 1772, collated with 
the original, and freed from feveral errors.] 

rbe treaty of Alliance concluded between Charles II. 
bis Royal Majefty of Great Britain, and Charles 
XI. bis Royal Majejty of Sweden, for the confirma- 
tion cf their friendjhip, and for the mutual Jecurity 
cj their dominions and trade. Done at Whitehall, 
1661. 



WE, Charles, by the grace of God, King and 
Hereditary Prince of the Swedes, Goths, and Van, 

dais, 



1766.] WITH S W E D E N. 45 

dais, Great Prince of Finland, Duke of Schonen, 
Efthonia, Livonia, Carelia, Bremen, Verden, Stetin, 
Pomerania, Cafluben, and Vandalia, Prince of Rugen, 
Lord of Ingria and Wifmar, alfo Count Palatine of 
the Rhine, Bavaria, Juliers, Cleves, and Bergen, &c. 
defire to make known to all and fmgular the perfons 
whom it doth, or whom it may, in any manner what- 
foever concern. Whereas we lately lent to England 
our ambafTador extraordinary, as we did before him 
our envoy extraordinary, plenipotentiaries, in order 
to renew the antient friendfhip, and to make a mu- 
tual league with the moft ferene and moil potent 
Prince, our deareft brother, coufin, friend, and ally, 
the Lord Charles the Second, by the grace of God, 
King of Great Britain, France, and Ireland, Defender 
of the Faith, &c. And they having in like manner 
found a fmgular inclination in the faid King to the 
common union and ftrict amity of the two kingdoms, 
it came to pafs that when commifTioners were ap- 
pointed alfo on his part, and vefted with full powers 
to confolidate a friendfhip, and conclude a league, 
feveral congreffes and debates were held at London ; 
in which the negociation was fo far promoted, that 
the following treaty, and the articles therein con- 
tained, were agreed upon in due form. 

After it had feemed good to the moft ferene and 
potent Prince and Lord, Charles, by the grace of 
God, King and Hereditary Prince of the Swedes, 
Goths, and Vandals, Great Prince of Finland, Duke 
of Schonen, Efthonia, Livonia, Carelia, Bremen, Ver- 
den, Stetin, Pomerania, Cafluben, and Vandalia, Prince 
of Rugen, Lord of Ingria and Wifmar, alfo Count 
Palatine of the Rhine, Duke of Bavaria, Juliers, 
Cleves, and Bergen, &c. to confirm and eftablifh the 
cxercife of that moft ftrict amity and mutual com- 
merce which has continually exifted for fo many ages 
between the famous kingdoms of Sweden and Eng- 
land, with new laws, efpecially at this time when the 
moft ferene and moft potent Prince and Lord, the 

Lord 



46 TREATIES [1654 

Lord Charles the Second, by the grace of God, K 
of Great Britain, France, and Ireland, Defend, 
the Faith, &c. was mod happily reftorcd to his an- 
cient kingdoms; and for that end, his afore&id Royal 
Majefty of Sweden fent his Excellency Nicholas 
Brahe* Senator of the Kingdom, Admiral and Couri- 
fellor of the College of Admiralty, Count in Vifing- 
fcurg, Lord Baron de Cajarta, Lord de Ridoboholm 
and Seaflhegen, &c. as Ambaflador Extraordinary to 
his Royal Majefty of Great Britain, to the end that 
when he had performed the folemn office of congra- 
tulation, he might put the laft hand to the treaty of 
mutual fiiendfhip and commerce, the form and tenor 
of which had been already fettled between the moll: 
noble John Frederick de Frifendorf, Lord in Herdick 
and Kirup, &c. Privy Counfellor of his Swedifh Ma- 
jefty, and formerly commiffioned to treat of this 
affair in quality of ambaflador extraordinary to" his 
Sacred Royal Majefty of Great Britain, and the lords 
trommifiioners particularly deputed to this purpofe by 
his Sacred Royal Majefty of Great Britain. And 
whereas his Sacred Royal Majefty of Great Britain-, 
favouring the fame propenfioii and inclination, ib- 
ierrthly appointed the moft noble Lords of his Royal 
Majefty's Privy Council, viz. Thomas Ear! of 
Southampton,. Lord High Treafurer of England, John 
Lord Roberts, Lord Privy Seal, Edward Earl of 
Manchefter, Lord Chamberlain of the King's Houf- 
hold, George Earl of Norwich, Captain of the Royal 
Band of Penfioners, Arthur Earl of Anglefey, Fre- 
derick Lord Cornwallis, Treafurer of die King's Houf- 
hold, Anthony Lord Afliley, Chancellor of the Exche- 
quer, Sir George Carteret, Baronet, Yicc-Chambci lain 
of the King's Houfhold, Sir Edward Nicholas," Knight, 
and Sir William Morrice, Knight, two of his Ma- 
jefty's principal Secretaries of State, to treat of this 
affair; the ambaffador and envoy aforefaid met "th 
and after divers confutations on both fides, the fol- 
lowing articles were at length, by Gods. bit-fi'in a 

clearly, 



i 7 66.] WITH SWEDEN. <# 

clearly, pei fpicuoufly, and irrevocably agreed to on 
both fides. 

I. In the firft place, it is concluded and agreed, that 
hereafter there be and remain a good, fincere, firm, 
and perpetual peace, friendfhip, good-will, and corre- 
(pondence, fo that both parties may carry it to each 
other with the fmcereft love and affection. 

II. The faid confederates and their dominions, {ob- 
jects, people, and inhabitants, fhall, on all occafions, 
take care of and promote each other's advantage; 
and fhall alfo certify one another of any dangers threa- 
tened, and confpiracies and machinations formed by 
the enemies of either, and fhall oppole and hinder 
them as far as lies in their power. Nor fhall it be 
lawful for either of the confederates, by himfelf, or 
by any other perfons whomfoever, to negociate or at- 
tempt any thing to the hurt or difadvantage of the 
other's lands or dominions whatfoever, any where, either 
by land or fea ; nor lhall he by any means protect the 
enemies or rebels to the prejudice of the other con- 
federate, nor receive or admit into his dominions any 
rebel or traitor, who fhall make any attempt againr): 
the eflate of the other; much lefs lhall he afford them 
any advice, aid, or countenance, or fuffer any advice, 
afiiftance, or favour to be given them by his fubjects, 
people, and inhabitants. 

III. The faid kings and kingdoms fhall with all 
candour and diligence take all the care poffible, that 
the impediments which have hitherto interrupted the 
freedom of navigation and commerce, not only be- 
tween both nations, but alfo throughout the domi- 
nions, countries, feas, and rivers of both, with other 
people and nations, be removed. And they fhall finr 
cerely endeavour to aflertj eftablifh, defend, and pro- 
mote the aforefaid freedom of navigation and com- 
merce on both fides, againft all difturbers of it whom- 
foever, by the methods agreed on in this treaty, or bjr 
fuch as may hereafter be agreed on; arid fhall' not 

4 fufFer 



4 g TREATIES [1654 

fuffer any thing to be done or committed contrary to 
this treaty, either by themfelves or by their fubje&s 
and people, either by their own, or any one elfe's fault. 

IV. It fhall be free for both of the faid confederates, 
and their inhabitants and fubjecls, to enter by land or 
fea, or by any other manner of way, into the king- 
doms, countries, provinces, territories, iflands, cities, 
villages, towns walled or unwalled, fortified or unfor- 
tified, harbours, dominions, or jurifdiftions whatfo- 
ever, freely and fecurely, without any licenfe or fafe- 
conduct, general or fpecial; and there to pafs and rc- 
pafs, to refide therein, or to travel through the lame, 
and in the mean time to buy provifions and all necef- 
faries, and for hire acquire every convenience; and 
they fhall be treated with all manner of civility. It 
Ihall be lawful alfo for both of the confederates and 
their fubjedb, citizens, and inhabitants, to trade, traf- 
fic, and exercife commerce in all places wherefoever 
commerce has been at any time hitherto ufcd, and in 
whatfoever goods and merchandize they pleafe, pro- 
vided they are not contraband; and they Ihall have 
leave to import and export them at difcrction, the due 
cufloms being always paid, and the laws and ordi- 
nances of both kingdoms, whether relating to mer- 
chandize or any other right, always obferved. Which 
things being prefuppofed, the people, fubje&s, and in- 
habitants of one of the confederates fhall have and 
hold in the countries, lands, dominions, and king- 
doms of the other, fuch full and ample privileges, 
and as many exemptions, liberties, and immunities, 
as any foreigner whatfjever doth or Ihall enjoy in the 
faid dominions and kingdoms on both fides. 

V. Neither the merchants, captains of Ihips, maf- 
ters, mariners, or other perfons whatfoever, nor the 
Ihips or any goods and merchandize of either of the 
confederates, or his fubjefts or inhabitants, fhall in 
m any public or private name, by virtue of any general 
or fpecial edift, be feized or laid under embargo in 

any 



1766,] WITH SWEDEN. 49 

any of the countries, harbours, roads, fhores, or do- 
minions whatfoever, of the other confederate, for th6 
public life, military expeditions, or for any other caufe, 
much lefs for any one's private ufe; nor be compelled 
by any manner of violence, nor in any wife molefled 
or injured. Provided only, that flich embargoes as 
are agreeable to law and equity be not prohibited, if 
they are made according to the ordinary forms of 
law, not for the fake of indulging any one's private 
refentment, and are indiipenfably neceffary for the 
adminiflration of right and juilice. 

VI. But if one or more fhips of either of the con- 
federates, their fubjeclis, citizens, or inhabitants, whe- 
ther Ihips of war or private merchantmen, are drove 
by florins, pirates, enemies, either public or private, 
or other urgent necefiity, into the harbours, havens, 
or upon any of the coafts whatfoever of the other con- 
federate, they fhall be received courteoufly, and with 
all civility, and enjoy friendly protection without being 
in any refpeft hindered from the means of refitting 
entirely, and from purchafmg whatever they want fcr 
their provifion, repair, and conveniency, at the mar- 
ket price. Nor fhall they on any account be prohi- 
bited to depart in like manner from fuch port and 
haven when they pleafe, without paying the duties 
and cuftoms; fo long as nothing be done or com- 
mitted contrary to tne flatutes and ordonnances of the 
place to which the faid fhips fhall be carried, or where 
they fhall flay. 

VII. For the like reafon, if any one or more fhips,, 
public or private, of either of the confederates, or 
his fubjec~ls and inhabitants, have run afhore, been cafi 
away, or (which God forbid) fuffered any wreck, or 
lofs whatfoever, or fhall fuffer any hereafter, the fuf- 
ferers fhall be kindly and friendly relieved, and have 
fuch afliflance for a reafonable hire, that whatfoever 
remains of the lofs, wreck, or other damage, may be 
prefervcd and reftored to the owners and proprietors; 

. VOL. I, E provided 



50 TREATIES [1654 

provided they or their attornies or proftors lay daim 
to the faid fhips and goods within twelve months 
after the wreck happened} faving always the laws and 
cuftoms of both nations. 

VIII. That if the fubjefts and inhabitants of either 
of the confederates, whether they be merchants with 
their factors, iervants, captains, and matters of (hips, 
manners, or whether they are travellers or refnlents in 
the dominions of the other confederates, or agents in 
their name in any court of jnftice, either for the reco- 
very of their debts, or other lawful reafons, if they 
want the afiiftance of the magiftrates they fhall have 
it with fpeed, and according to the equity of the caufe, 
and juftice fhall be adminiftered without tedious and 
unnecefiary delays. They lhall in no fort, nor under 
any pretence, be hindered, but find all the moft 
friendly offices in the difpatch of their affairs, in the 
purchafe and fale of goods, in the payments to be 
made for them, and hire to be given, and in ]>erform- 
ing their jourriies. It (hall alfo be free fof them on 
both fides, as they pafs, repafs, or walk on the fhorcs, 
or to and from the fhips, harbours, and public p! 

of either confederate, to carry arms in their own 
defence i provided they do not give the governors 
magiftrates of anyplace whatfoever, any juft fufpicion 
that they are in a plot againft the peace of the public, 
or of private pe*rtons. Arid wliofoever behaves mo- 
deftly, lhall in a fpecial manner be pfofecled from all 
injury, violence, and trouble. 

IX. It fhall be lawful for the faM confederates, and 
the people and {objects of both, to buy and export out 
of the refpeftive countries, dominions, and kingdoms 
of either, all manner of arms and military equipage, 
and fafely and freely to navigate or carty their (hi 

any ports, Ravens, and fnores of either, tliere to ftay, 
and thence to depart: provided they behave modcflly, 
peaceably, and agreeably to the laws and cuftoms of 
each place, and do aot in any reTpcft hinder the free* 

Uorn 



1766.] WITH SWEDEN. 51 

dom of commerce. In like manner, men of war and 
guardfhips fhall have free accefs to the ports, havens, 
or rivers, of the other confederate; and it fhall be free 
for them to caft anchor, flay, and depart from thence 
without any injury or moleftation, provided thefe con- 
ditions are obferved: 

1. That the fquadron to be carried into the harbour 
of the confederate, (hall not exceed the number of five 
or fix fhipi, without giving notice thereof beforehand. 

2. That the commander of the fquadron, and fhips, 
lhall without delay exhibit his letters of fafe-condut 
to the governor or magiltrate of the cattle, fort, city, 
or province, wherefoever they arrive, and give notice 
of the reafon of his coming, and for what end, and 
how long he defigns to ftay in that port or haven. 

3. That fuch fhips fhall not come or ftay nearer to 
thofe forts than is convenient. 

4. That the mariners, fhips' companies, and foldiers, 
fhall not go alhore in bodies above forty at a time, nor 
in any number that may give fufpicion. 

5. That while they are there, they fhall not do any 
damage to any perfon, not even to their enemies ; and 
above all, fhall not flop or obftruct the paffage of any 
merchant-fhips whatfoever, into or out of the har- 
bour. 

6. That they fhall not go out of the haven for 
the fake of infefting the navigation of any nation 
whatfoever. 

7. That they fhall in all refpects live and behave 
modeftly, and conformably to the laws and cufloms of 
eyery place, and fpecial regard to the reciprocal friend- 
fhip between the confederates. If either of the con- 
federates fhall think it advantageous, or necefTary, to 
enter the ports of the other confederate with a greater 
number of (hips, and to enjoy the conveniences there- 
of, he fhall fignify the fame to his confederate two 
months beforehand, during which time, the ways and 
means of admitting the fame fhall be fettled; but if 
die fhips. of either are drove into die ports of the 

E a other, 



5 a TREAT 'I ES [1654 

other, for avoiding tempefts or enemies, in fuch cafe 
the reafon of their coming lhall be notified to the 
governor or chief magiftrate of the place, nor fhall 
they flay there longer than the time granted by the go- 
vernor or chief magiftrate j a regard being always had 
to the laws and conditions aforefaid in this article. 

X. It fhall be lawful for any of the fubjefts and 
inhabitants of Sweden whatfocver, to travel in England 
and all the dominions thereof, and to pafs through the 
fame by land or fea at pleafure, to any other nations 
whatfoever, and to inftitute commerce with them, and 
freely to traffic in all kinds of merchandize, and the 
fame to carry thither and export from thence ; and the 
fubjefts of the King of Great Britain fhall enjoy the 
fame liberties in the kingdoms, dominions, and terri- 
tories of the King of Sweden, on condition that the 
laws, ordonnances, and peculiar prerogatives of every 
nation, relating to commerce and merchandize, be ob- 
ferved on both fides. 

XI. Although the foregoing articles of this treaty, 
and the laws of friendship do forbid, that eidier of the 
confederates fhall give aid and fupplies to the enemies 
of the other, yet it is by no means to be under- 
ftood that that confederate, with his fubjefts and inha- 
bitants, who is not a party in war, fhall be denied the 
liberty of trade and navigation with the enemies of that 
confederate who is involved in fuch war; provided 
only that no goods called contraband, and efpecially 
money, no provifions, nor arms, nor bombs with their 
fufees and other appurtenances; no fire-balls, gun- 
powder, matches, cannon-ball, fpears, fwords, lances, 
pikes, halberts, guns, mortars, petards, grenadoes, muf- 
Xet-refts, bandaliers, falt-petre, mufkets, mufket-bullets, 

, helmets, head-pieces, breaft-plates, coats of mail, com- 
monly called cuirafTes, and the like kind of arms, nor 
troops,, horfes, or any thing neceflary for the equip- 
ment of cavalry, nor piftols, belts, or any other in- 
itruments of war, nor Jhips of war, and guard-ihips, 

be 



1766.3 WITH SWEDEN. 53 

be carried to the enemies of the other confederate, 
under the penalty, that if either of the confederates 
fhall feize the fame as a booty, the fame fhall be ab- 
folutely retained. Nor fhall either of the confede- 
rates "permit that the rebels or enemies of the other 
be aflifted by the endeavours of any of his fubjefts, 
or that their fhips be fold, lent, or in any manner made 
ufe of by the enemies or rebels of either, to his dif- 
advantage or detriment. But it fhall be lawful for 
either of the confederates, and his people or fubjecls, 
to trade with the enemies of the other, and to carry 
them any merchandize whatfoever (excepting what is 
above excepted) without any impediment; provided 
they are not carried to thofe ports or places which are 
befieged by the other, in which cafe they fhall have 
free leave either to fell their goods to the befiegers, or 
to repair with them to any other port which is not be- 
fieged. 

XII. For the evading of all fufpicion and collufion, 
left the free navigation or intercourfe of one of the con- 
federates and his fubjects, and inhabitants by land or 
fea, with other nations, while the other confederate is at 
war, fhould be carried on to the prejudice of the other 
confederate, and left the enemies goods and merchan- 
dize fhould be concealed under the difguife of the goods 
of friends, it is ftipulated that all fhips, carriages, wares, 
and men, belonging to the other of the confederation, 
fhall be furnifhed in their journies and voyages with 
fafe-condufb, commonly called pafTports and certifi- 
cates, fuch as are underwritten, verbatim, figned and 
fubfcribed by the chief magiftrate of that province and 
city, or by the chief commifTioners of the cuftoms and 
tolls, and fpecifying the true names, of the fhips, car- 
riages, goods, and mafters of the veffels, as alfo the 
exact dates, together with other defcriptions of that fort, 
as are exprefied in the following form of a fafe-conduct 
and certificate. Wherefore if any perfon fhall affirm, 
upon the oath by which he is bound to the King, ftate, 
3 or 



54 TREATIES [1654 

or city, that he has given in true accounts, and be con- 
vifted on fu/ficient proof, that any fraud has been con- 
cealed under his affirmation, by liis confent, he (hall be 
feverely puniihed as a tranfgreflbr of die liiid oatii. 

We N. N. governor or chief magiftrate, or the 
commiflioners of the duties and cuftoms of the city 
or province of N. [the title or office of the refpective 
government of that place being added] do make known 
and certify, that on the * day of the month of 
in the year of N. N. N. citizens and inhabi- 

tants of N. and fubjects of his Sacred Royal Majefty of 
Sweden, or of his Sacred Royal Majefty of Great Bri- 
tain, perfonally appeared before us in the city or town 
of N. in the dominions of his Sacred Royal Majefty of 
Sweden, or of his Sacred Royal Majefty of Great Bri- 
tain, [as the cafe fhall happen] and declared to us upon 
the oath by which they are related and bound to our 
Moft Gracious Sovereign, his Sacred Royal Majefty of 
Sweden, and to our city, or to his Sacred Royal Ma- 
jefty of Great Britain, and to our city, that the (hip or 
veflel called N. of about lafts or tons, belongs 

to the port, city, or town of N. in the dominions of A r . 
and that the faid fhip does rightfully belong to him or 
other fubjefts of his Sacred Royal Majefty of Sweden, 
or his Sacred Royal Majefty of Great Britain, that flie 
is bound direftly from the port of N. to the port of 
N. laden with die following merchandize, viz. [here 
fhall be fpecified the goods, with their quantity and qua- 
lity i for example, about fo many chefts or bales, about 
fo many hogfheads, &c. according to the quantity and 
condition of the goods] and affirmed on the oath afore- 
laid, that the faid goods and merchandize belong only 
to N. one of the fubjeds of his Sacred Royal Ma- 
jefty of Great Britain ; or to N. of TV. TV. N. [or ex- 
prefling whatever other nation they are fubjecls of] 
^nd that TV. TV. TV. declared upon their faid oath, that 
the faid goods above fpecified, and no others, aro 
already put on board, or are to be put on board the 
abovenamed (hip for the faid voyage, and that no part 
J of 



1766.] WITH SWEDEN. 55 

of thofe good? belongs to any other perfon whatfo- 
ever but thofe aboveraentioned ; and that no goods 
are difguifed or concealed therein by any fictitious name 
whatfoever, but that the wares abovementioned .are 
truly and really put on board for the ufe of the faid 
owners, and no others, and that the captain of the faid 
fhip named TV. is a citizen of the city of N. Therefore, 
whereas after ftrift examination by us [the governor 
or chief magiftrate or commifiloners of the duties and 
cuftoms of the city aforefaid] it fully appears that the 
faid fhip or veflel, and the goods on board the fame, 
are free, and do truly and really belong to the fubjects 
of his Sacred Royal Majefty of Sweden, or of his 
Sacred Royal Majefty of Great Britain, or to the in- 
habitants of other nations as aforefaid, we do mofb 
humbly and earneftly require it of all and fingular 
the powers by land and fea, kings, princes, republics, 
and free cities, alfo of the generals of armies, adr- 
mirals, commanders, officers, and governors of ports, 
and all others to whom die cuftody of any harbour or 
fea is committed, which happen to meet this ihip in her 
voyage, or if fhe chance to fall in, among, or pals 
through their fquadrons, or to ftay in their harbours, 
that for the fake of the treaties and friendfhip which 
fubfift refpe&ively between them, or whoever are his 
fuperiors, and his Sacred Royal Majefty our Moft 
Gracious Sovereign the King of Sweden, or his Sacred 
Royal Majefty our Moft Gracious Sovereign the King 
of Great Britain, that they will not only permit the faid 
captain with the fhip N. and the men, goods, and mer- 
chandize to her belonging, to prolecute her voyage 
freely, without lett or moleftation, but alfo, if he think 
fit to depart out of the faid harbour elfewhere, that 
they will fhew all kind offices to him, and his fhip, 
as a fubjecl: of his Sacred Royal Majefty of Sweden, 
or of his Sacred Royal Majefty of Great Britain, as 
they fhall in like manner experience the fame from his 
Sacred Royal Majefty of Sweden, or from his Sacred 
Royal Majefty of Great Britain, and from allhisminif- 
E 4 ters 



56 TREATIES [1654 

ters and fubjefts, in the like, or any other cafe. In 
witnefs whereof we have taken care that thefe prefenrs, 
figned by our ov/n hands, be fealed with the feal of our 
pity. Given, &c: 

Therefore, when the merchandize, goods, fhips, or 
men, of either of the confederates, and his fubjefts 
and inhabitant, fhall meet, or be met in the open fea, 
ftreights, in harbours, havens, countries, or other places 
whatfoever, by men of war or privateers, or by the 
fubjects and inhabitants cf the other confederate, after 
producing only their fafe- conducts and certificates 
atc/refaid, nothing farther fhall be demanded of them, 
no enquiry whatfuever fhall be made into the goods, 
Ihips, or men, much lefs fhall they be injured, da- 
maged, or molefted, but lhall be freely let go to pro- 
fccute their voyage and purpofe. But if this lolcmn 
and ftated form of the certificate be not produced, or 
there be any other juft and urgent caufe of fufpicion, 
then this fhip ought to be feSrched, which fhall only be 
deemed juftifiable in this cafe, and not othenviie. If 
any tiling be done by either party contrary to the ge- 
nuine meaning of this article, both of the confederates 
fhall take care that die fevereft punilhment, due to the 
mofl heinous crimes, be infli&ed on fuch of his fub- 
jects and inhabitants as are die offenders, for their con- 
tempt and tranfgreflion of the Royal commands; and 
that plenary and immediate fatisfaclion be made to the 
injured confederate, his fubjcds and inhabitants, { r 
all lofs and expences. 

XIII. Neither of thefe confederates fhafi fufTcr the 
.Ihips, veflels, goods, or merchandize of the other, or 
pf his people or fubjefts, which are taken at fea, or 
elfewhere, by enemies or rebels, to be brought into his 
ports and dominions, but fhall publiely forbid any 
thing of that kind to be done. And 'if any fhips, 
vefiels, goods, and merchandize of either, or his people 
pr fubjcds taken at fea, or elfewhere, fhall be c. 
into the ports or countries of the other, by any enemy 

or- 



1766.] WITH SWEDEN. $7 

or rebel of the confederates, or either of them, fuch 
confederate Ihall not fuffer the fame, or any part 
thereof, to be fold in that port, or any other place in 
their dominion ; but fhali take care that the mafter of 
the fhip, or veflel, fo taken, as allb the mariners and 
paflengers, fhall, as, loon as they arrive, be immedi- 
ately fet at liberty, together with as many prifoners, 
fubjects of either kingdom, as Ihall be brought thi- 
ther; nor fhall he permit the faid fhip and vefTel to 
flay in that harbour, but fhall command the faid fhip, 
with her goods, merchandize, and lading, immediately 
to leave the port. Provided nevertheless, that nothing 
in this article be turned to the prejudice of the alliances 
formerly entered into by either of the confederates with 
other nations ; and where thefe things do not interfere, 
the above article fhall remain in full force. 

XIV. If it fhall alfo happen hereafter, while this 
friendlhip arid alliance fubfifts, that any of the people 
and fubjecls of either of the confederates does or en- 
deavours any thing contrary to this treaty, or any part 
thereof, by land, fea, or in any waters, this friendfhip, 
treaty, and covenant, between the faid confederates, 
fhall not on that account be interrupted or difiblved, 
but fhall neverthelefs continue and remain entire. And 
thofe private perfons only fhall fuffer punifhment who 
Ihall violate this treaty; and they who receive injury, 
fhall have right and juilice adminiftered, and fatisfac- 
tion made to them for all their lofs and injury, within 
twelve months after the demand of fuch reftitution. 
But if fuch delinquents and perfons, guilty of the vio- 
lence committed, lhal,! refufe to appear and fubmit to 
juftice, or to make fatisfaction within the term afore- 
faid, whoever they are, they fhall be renounced as 
enemies of both ftates, and their fubftance, goods, 
and poffeflions, what and how great foever they are, 
fhall be forfeited and expofed to fale, towards making 
full and juft fatisfaction for the injuries which they have 
/committed - 3 and the offenders themfelves, when they 

com- 



5 | TREATIES [1654 

come into the jurjfluftion of either (hie, (hall, more- 
over, iiiflcr condign puniflimcat according | 
tyre of the crime. 

XV. The prefcnt treaty and confederacy {hail de- 
rogate nothing from any pre-eminence, law, and donrl- 
nion wjiatfoever of cipher of the confederates, in any 
of their fcas, firths, .and waters whatsoever, but they 
fhall have and hojd the fame in as arnpfc a manner as 
they have hitherto enjoyed them, and as to them cf 
right appertains. 

XV J. Whereas, therefore, if is the prwi'f*a cm! cf 

this treaty, that fucli a freedom of i- an<J 

commerce as is dx-fciiW tn die foragpiflg fui 
be and remain on both fuks, to froth tijc c/Milcxlt-ratcs, 
their fubjefts *nd inhabitants, i^ rf> Pfi 
the Northern, Weftern, Britiib, and Mcui 
feas, and the Channel, and all die other fcas of 
rope, both fides IhaU fincerely contribute their joint 
advice, aid, and affiftance, that the faid mutual freccLm 
of oavigation and commerce may be eftablifhed in all 
the faid feas and firths, and (if the/e be occafion) that 
k be defend^ aojainft all difturbers who lhall offer to 
interrupt, prohibit, hinder, or ccmftrajn it for their own 
pleafure, and for the lake cf injuring the confederates : 
and both of the fajd confederates (haH, in the moft c 
ttou6 manner, fheyr rfiejr good-will and readinefs for 
promoting ,ri\e advantages, aj^d kflening the inconve- 
niences of the other confederate ; faving ncverthclrfs, 
thofc treaties heretofore entered into by both nations 
with other kingdoms, republics, and ftatcs, v. 
fliall fubfift in fiili force. But hereafter neither of the 
confederates lhalj by any means enter into a treat}-, or 
make any contract: with other foreign nations and people 
wharfbever, to the prejudicp of the prefent treaty in 
any rdpe.clr, without the previous knowledge and con- 
fcnt of the other confederate : and if any thing be 
ctherwife ftipulated hereafter with others, it fhall be 

reckoned 






*766.] w i T H S W E D E N. 59 

reckoned null and void, and altogether give place to 
this mutual convention. 

XVII. Andthefe things which we have agreed to in 
the foregoing articles, fhall immediately from this in- 
ftant be in full force, and fmcerely and duly obferved by 
both parries, and by all perfons who are engaged to 
either by obedience, duty, and allegiance. And to the 
end that the faid articles may be and remain the more 
ftable and firm hereafter, they fhall within the fpace of 
fix months be figned, fealed, and ratified, by the hands 
and feals of our Mod Gracious Sovereign his Sacred 
Royal Majefty of Sweden, and his Sacred Royal Ma- 
jetty of Great Britain. 

In witness and confirmation of all and fingular the 
premifes, the prefent treaty has been figned and 
fealed with the hands and feals of the Ambaffador 
Extraordinary of his Sacred Royal Majefty of 
Sweden, and alfo of his Envoy. Done at White- 
hall, die 2 1 ft day of October, 1 66 1 . 

Nicholas Braht -, (L. S.) 
J.-F. aFrifendmf, (L. S.) 

We, therefore, Charles, by the grace of God King 
and Hereditary Prince of the Swedes, Goths, and Van- 
dals, Great Prince of Finland, &c. have commended, 
approved, and ratified, as we do by thefe prefents 
commend, approve, and ratify, in the befl manner, the 
articles above expreffed and inferted in the inftrument 
of the treaty, as made in purfuance of our com- 
mands ; promifing on our Royal word, and in the 
name of ourfelves and the Kings our fucceflbrs, that 
we will inviolably, and bond fide obferve and perform 
them, and that we will not fufFer them to be violated 
in any meafure, by our own fubjefts or others whom- 
foever. In witnefs whereof we have commanded thefe 
prefents, figned by our moft honoured and dear Mo- 
ther, and by our other Adminiftrators refpeftively, to 

be 



&> TREATIES [1654 

be fealed with our great fcal. Done at Stockholm, 
anno 1661. 

Hedwig Elecnora, (L. S.) 
Peter Brabe y Count in Vifingburg, Droflart of 

the kingdorh of Sweden. 
Magnus Gabriel de la Gar die, Chancellor of the 

kingdom. 

Guftavus BaneriuS) Deputy Marfhal of the king- 
dom. 

Claudius Bielkenjiiei-na> Vice Admiral of the king- 
dom. 
Guftavus Bondtj Treafurer of the kingdom. 



[The following Treaty of 1766 is printed from an 
authentic copy.] 

AU nom de la trcs Sainte Trinitc. Letirs Majdles 
le Roi de la Grande Bretagne et le Roi de Suede 
ifayant ri?n de plus a cceur que de cimenter et 
d'affermir de-plus en plus entr'elks leurs Royaumes et 
Sujets, cette ancienne amide et confiance fmcere qui 
depuis les terns les plus recules a toujours fubfiilc en- 
tre leurs Couronnes et leurs Sujets, et de contribuer en 
tout ce qui depend d'elles a des vues aufli falutaires 
que cclles qui ont toujours fait la bafe de leurs liai- 
fons, kurs Majeftes ont jiigc a-propos de nommer et 
d'autorifer leurs Commiftiires refpeftifs : Savoir, de la 
part de Sa Majefte le Roi de la Grande Bretagne, fon 
Envoye Extraordinaire a la Cour de Suede M. le Che- 
valier Jean Goodricke, Baronet d'Angleterre ; et de la 
part de Sa Majefte le Roi de Suede, Son Excellence M. 
le Comte Charles Guftavc de Lowenhielm, Senateur 
du Roi ct du Royaume, Prefident du Confeil Royal de 
la Chancellerie, Chancclier de PUniverfite de Lund, 
Chancelier, Chevalier et Commandeur des Ordres du 
Roi ; Son Excellence M, le Baron Charles de Lagen- 
berg, Senateur du Roi et du Royaume, Prefident de 
Ja Commiflicn N m h-tique, Chevalier ct Comman- 
des Ordres du Roi ; Son Excellence M. le Baron 

? Frederic 



1766.] WITH S W E D E N. 6* 

Frederic Friefendorff, Senateur du Roi et du Roy- 
aume, Confeiller du Confeil Royal de la Chancellerie, 
Chevalier et Commandeur des Ordres du Roi ; Son 
Excellence M. le Comte Adam de Horn, Senateur 
du Roi et du Royaume, Grand Marechal de la Cour, 
Chevalier et Commandeur des Ordres du roij Son 
Excellence M. Axel de Lagerbielcke, Senateur du Roi 
et du Royaume, et Commandeur de 1'Ordre de 1'Epee; 
comme aufii M. le Baron Joachim de Dieben, Se- 
cretaire d'Etat, Chevalier de 1'Ordre de PEtoile du 
Nord, et Secretaire des Ordres du Roi, et M. Charjes 
de Lagerflycht Confeillier du Confeil Royal de la Chan- 
cellerie j lefquels, apres avoir reciproquement commu- 
nique et echange leurs pleins pouvoirs, font convenus, 
an nom et de la part de leurs fufdites Majeftes, des 
articles fuivans d'un traite d'alliance et d'amitie. 

I. Les deux hauts Allies s'engagent, pour eux, leurs 
heritiers et fuccefTeurs, et leurs Sujets refpedtifs, de 
vouloir, comme de bons et fideles amis et allies, fe 
procurer mutuellement tout le bien, avantage et con- 
fideration poflible, et de contribuer de Tun cote et de 
1'autre a tout ce qui pourra fervir a reflerrer de plus 
en plus les noeuds d'une amitie fincere et permanente. 

II. Les Sujets des deux Puiflances jouiront reci- 
proquement, dans les royaumes, ports, rades, rivieres, 
&c. de 1'une et de Pautre, de tous les droits, avanta- 
ges et immunites dont jouhTent ou pourront jouir ci- 
apres les nations les plus favorifees, excepte dans le 
cas contenu dans le 3 mc article du traite prelimi- 
naire de commerce conclu entre les couronnes de 
Suede et de France, le ^ d'Avril 1741, concernanc 
les droits a payer dans le port de Wifmar. 

III. Ce traite d' amitie ne tendra a TofFenfe de 
qui que ce foit, et encore moins a celle des amis et 
allies des hauts contractans, mais fervira uniquement 
a fortifier et a confolider 1'amiti^ et la confiance re- 
ciproque- entre les deux Rois, de meme que la tran^ 
quillite et le bien-etre de leurs Royaumes et Sujets 

JV. Et 



52 TREATIES [1646 

IV. Et afin que cette alliance d'amitic pujfie con- 
tribuer de plus en plus au bien, a 1'ayantage ct a la 
fiirete des deux Couronnes, leurs Majeftes ie concer- 
teront entre elles, lorfque le terns et les conjonftures 
le pcrmettront, fur dci> engagements ukcrieurs rela- 
tivement a leurs interets refpeftifs. 

V. En* attendant, leurs Majeftes, les Rois de la 
Grande Bretagne et de Suede, s'engagcnt egalement, 
comme de fideles amis et allies, de fe preter rcci- 
proquement tous les bons offices qiic les cii 
ftances pourroicnt exiger pour la iurete de leurs Roy- 
aumes, Pays, Pofleflions et Sujcts en Europe. 

VI. Ce traitc fera ratirle par leui-s Majeftes, le Roi 
de la Grande Bretagne et le Roi de Suede, et les ra- 
tifications feront echangees dans deux mois, ou plu- 
tot, fi faire fe peuc. 

En foi de quoi nous avons, en vertu de nos pkins 
pouvoirs, figne les articles ci-defl*us, et y avons ap- 
pofc les cachets de nos armcs. Fait a Stockholm k 
5 B)e de Fevr. 1766. 

J. Goodrickc, (L. S.) Carl. Guftaf Lowenbielm, (L. S.) 

Carl. Lager.bcrg, (L.S.) 

Fred. Friefcndorff, (L. S.) 

Ad" Honi e > (L. S.) 

A. LagerbieUle, (L.S.) 

J. ^n Ditben, (L. S.) 

C Lagtrfocbt, (L. S.) 



i7Sc.j WITH DEfrMAR'K. 63 

D E N M A R K. 

1 640. 'TT^ H E treaty of commerce, and coneern- 

21 Apr. .1 ing the duties in the Soimti, between 

Charles I. King of Great Britain, and Chrif- 

tian IV. King of Denmark, concluded at 

Flenfburgh. 

Pap. Of. F. 5. 

Board of tfrade. treaties. 

1654. The treaty of peace and alliance between 
1 5 Sept. Oliver Cromwell, and Frederick III. King 
of Denmark, concluded at Weftminfter. 
Tfeet. 1732, vol. iii. p. 136, 
Treaf. ij%$> vol. i. p. 75. 

de Paix, torn. iii. p. 664. 



1665. The treaty of commerce between Charles 
29 Apr. II. King of Great Britain, and Frederick 
III. King of Denmark, with tire fecret ar- 
ticle. Pap. Off. F . 6. 

1665. The treaty of offenfive and defenfive al- 
i $ OcU liance between Great Britain andJDenmark, 
concluded at Copenhagen. 
Pap. Of. F* 7. 

1670. The treaty of alliance and commerce be- 
1 1 July, tween Charles II. King of Great Britain, 
and Chriftiari V. King of Denmark. 
Pap. Off. F. 8. 

1690. The treaty of defenfive allknse between 
^ Nov. Great Britain-, Denmark, and the States Ge- 
neral, with the fecret amclss, concluded at 
Copenhagen. 

Pap. Of. t. io. 



64 TREATIES [1640 

169$. A provifional treaty of navigation and 
10 June, commerce between Great Britain and Den- 
mark. Pap. Off. F. n. 

Board of <Trade 3 F. 6a 

1696. The treaty between Great Britain, Den- 
3 Dec. mark, and the States General, with the fe- 
cret articles, concluded at the Hague. 
Pap. Off. . 15. 

1701. The treaty between Great Britain and the 

1 5 June. States General on the one part, and Den- 

mark on the other, with the fecret article, 
concluded at Copenhagen. 

Pap. Off. F. 1 6. 

Rou/et's Suppl. Corps Diplomatique 
torn. ii. part i> p. 6. 

1720. The King of Denmark's order about the 
ft4june. diftribution of wreck in the territories of 
Denmark. 

Pap. Off. F. 22. 

1727. The treaty of mutual defence between 

1 6 Apr. Great Britain, Denmark, and France, con- 

cluded at Copenhagen, with the feparate and 
fecret articles. 

Pap. Off. F. 24. 

Rouffet's Recuell Hijlorique, torn, 
iv. p. 244. 

'Treat. 1732, vol. iv. p. 167. 

Treat. 1785, vol. ii. p. 295. 

1734. The treaty between Great Britain and 
30 Sept. Denmark, with the fecret articles, concluded 
at Weftminfter. 

Pap. 0/.F.26. 

1739- The treaty between Great Britain and 
14 Mar, Denmark, with the fecret articles, concluded 
at Copenhagen. 

Pap, Off. F, 27. 



1780.] WITH D E N M A R K. 65 

^e Treaty of Peace and Alliance between Frederick 
III. King ^Denmark, and Oliver Cromwell, Pro- 
teftor of the Republic of England. Done at Weft- 
minfter, Sept. 15, 1654. 

WHEREAS the moft Serene and Potent Prince 
and Lord, the Lord Frederick III. by the grace of 
God, King of Denmark, Norway, the Vandals and 
the Goths, Duke of Slefwic, Holftein, Stormar, and 
"Ditmarih, Earl of Oldenburg and Delmenhorft, con- 
fidering die many great ties of friendfhip and allian- 
ces, by which die Danifh and Engliih nations have 
been engaged to each other for fo many ages paft, and 
how convenient and necefiary it is in every relpect, 
that this friendihip and confederacy fhoulcl be corrobo- 
rated and increaled by farther reciprocal offices of 
friendfhip, did, for that end, fend the noble Lord 
Henry Williamfon Rofenwinge, governor of the mo- 
nafteiy of Draxe Marchienfis, and his extraordinaiy 
deputy, to the moft Serene Lord Oliver the Protec- 
tor, and to the republic of England, Scotland, and 
Ireland ; who, out of a defire and affection to concur 
to t)ie fame purpcfe, and to remove every impediment 
which might obftruct the prefervation of a fmcere and 
mutual friendihip, and in any wife hinder the promot- 
ing of commerce on both fides, has been pleafed to 
give it in charge to us the underwritten privy coun- 
fellors of his Highnefs, to treat with the faid" lord 
deputy ; and by virtue of our commifiions exhibited 
on both fides, and feveral conferences held from one 
time to another, we have at length agreed and con- 
cluded the following articles. 

. I. That from this day, there fhall be a firm, entire, 
and ilncere friendihip, peape, and confederacy, as well 
by land as by fea, and on the rivers, between the King 
and kingdom of Denmark and Norway, and the Pro- 
tector and republic of England, Scotland, and Ireland, 
and the dominions, countries, and cities under both 
their dominions, and the people, inhabitants^ and fub- 
VOL. I. ' F jefts 



66 TREATIES [1640 

jects of each, of what rank and dignity focvcr they be; 
fo that neither party lhall by themfelves or others, do 
any thing direcliy or indirectly, or, as far as lies in 
their power, fuffer any thing to be done, to the lofs or 
detriment of the other, but the one fhall afM the other 
with all good offices, and promote the advantage and 
benefit of the other to their utmoft. 

II. That there fhall be a trade, navigation, and free 
commerce between the fubje&s of the King of Den- 
mark and Norway, and the people of the republic of 
England, in the kingdoms, dominions, countries, pro- 
vinces, emporiums, and harbours of either, according 
to the regulation which is hereafter more clearly ex- 
plained. And the magiftrates, and other governors 
and officers of places, fhall ufe their greateft diligence 
that the fame may be ufed and enjoyed on both fides, 
freely and fecurely, without any let or moleflation. 

III. The people, fubjefts, and inhabitants of both 
the confederates, of whatsoever degree or condition, 
(hall treat one another in all things courteously and 
amicably, fo that whenever they pleafc, they may have 
free accefs by land or water to each ether's countries, 
territories, towns walled or unwalled, fortified or not 
fortified, harbours, and dominions ; and there, without 
any impediment, buy what provifions they want for 
theitfufe, excepting thofe colonies, ifiands, harbours, 
and places under the jurifdiction of either, to which 
navigation or trade is prohibited, without fpecial leave 
or licenfe firft obtained from the other party to which 
fuch colonies, iflands, harbours, and places belong. 
But in all other places, it fhall be entirely free for both 
nations to trade and traffic in whatfoever merchandize 
they fhall think fit, and the fame to carry, fell, or ex- 
port when and whither they pleafe ; provided they pay 
the cuftoms, and faving all the laws and ftatutes of 
cither's dominions. 

IV. That all offences, difputes, and controverfies, 
arifen between the King of Denmark and the republic 

of 



17*0.] WITH DENMARK. /&7 

of England, or done and committed by either party, 
or the people and fubjects of either, by reafon or on 
account of the detaining of any Englifh Ihips, together 
with their lading, in the Sound, fmce the i8th of Sep- 
tember, 1652, fhall, by virtue of this treaty, ceafe, 
and be condemned to perpetual oblivion, in fuch man- 
ner, that neither of the faid parties fhall profecute or 
in any wife moleir, the other on account of fuch de- 
tainer, or for any injuries and damages thereby occa- 
fioned. Provided neverthelefs, and be it underftood, 
that this article fhall not extend, nor be conftrued to 
extend, to the refcinding or weakening of that contract 
in the 2 8th and 29th articles of the late treaty of 
peace, between his Highnefs the Lord Protector, and 
the Lords the States General of the United Provinces, 
for reftoring the (hips therein mentioned, together with 
their lading, and making good the damages as therein 
exprefTed ; but the faid contract fhall remain firm and 
intire, and fhall be duly and truly performed and fill* 
filled, according to the proper and genuine fenfe and 
meaning of the faid articles. 

V. That neither of the faid parties, nor the fubjects 
or people of either, lhall by land or fea, or elfewhere, 
act, do, endeavour, negotiate, or attempt any thing 
againft the other, or the fubjects and people of the 
other, nor give, lend, adminifter, or confent to the 
giving, lending, or adminiftering of any afliftance or fa- 
vour to the fugitives or rebels of the other j but both 
parties fhall exprefsly and effectually oppofe, refift, 
and really hinder all and every perfon and perfons liv- 
ing or refiding in the dominions of either, or happen- 
ing to be in the dominions of either the one or the 
other, who fhall act, do, negotiate, or attempt any 
thing againft the other. Nor fhall either of the par- 
ties receive or fuffer any of the rebels or fugitives of 
the other to be received in their dominions, territo- 
ries, and countries, harbours, bays, or diftricts ; nor 
fhall give, lend, or grant to any fuch fugitives or re- 
bels, either within or without their territories, lord- 
F 2 fliips, 



68 TREATIES [1640 

fliips, lands, harbours, bays, or diftrich, any aid, conn- 
fel, lodging, money, foldiers, fliips, provifions, arms, 
Sec. or pennit or tolerate fuch things to be given, lent, 
or granted, by any perfons whatlbever, living out of 
their dominions. 

VI. That the people or inhabitants of the republic 
of England, failing to any of the kingdoms, territo- 
ries, or dominions whatfoever, of the King of Den- 
mark and Norway, or trading to the lame, fhall not 
pay more or greater cuftoms, tribute, toll, or other 
duties, or in any other manner, than the people of the 
United Provinces of the Netherlands, or other fo- 
reigners (the Swedes only excepted) trading thither, 
and paying the letter cuftoms, do or mail pay ; and 
they fhall enjoy all the other liberties, immunities, and 
privileges, in going, returning, and Haying, as alfo in 
fifhing or trading, as the people of any foreign nation 
Whatfoever, trading in the faid kingdoms and d 
nions of the King of Denmark and Norway, do or 
fhall enjoy ; and the fubjefts of the King of Denmark 
and Norway fhall ufe or enjoy the fame privileges, in 
all thd dominions and countries of the republic of 
England. ^J 

VII. If Crte fubjcfts and inhabitants of either of thr 
confederates, with dieir Ihips, are compelled, either by 
pirates, or by ftrefs of weather, or by any other ina.n- 
veniency ? to feek fheltcr in the rivers, friths, bay . 
harbours of the other confederate, it is agreed that they 
ftiall be couiteoufly and kindly treated V the magi- 
ftracy and inhabitants of the place i and it fhall be law- 
rul for them to furnifh themfelves with what nccefla- 
ries they want for rigging their mips, at the market- 
price, and from thence freely to put to fea again, with- 
out any hindrance and fearch, and without paying any 
toll or cuftom. Provided they put none of their goods 
or bales afhore, or cxpofc them to fale, nor receive on 
Board any peribns guilty or fuipecled of crimes, or 
any contraband goods ; nor, in tine, do any thing that 

3 may 



t78o.J WITH DENMARK. 69 

may be repugnant to the laws, ftatutes, or cuftoms of 
iuch place and harbour to which they arrive. 

VIII. If the Ihips of either of the confederates, his 
fubjecls and inhabitants, whether they are men of war 
or merchant fhips, happen to run afliore, or in any 
cafe whatsoever (which God forbid) to fuffer wreck on 
the coafts of the other party, the laid Ihips, with all 
their rigging, goods, and merchandize, or whatlbever 
lhall be left of them, fhall be reftored to the m afters 
and proprietors, provided they or their plenipoten- 
tiaries or attornies lay claim to the faid fhips and goods, 
within a year after fuch fhipwreck happens ; and the 
fubjefb or inhabitants living on fuch fh-jres and coafts 
lhall be obliged to give prefent fuccour and relief to 
thofe that are in danger, to the utmoft of their power, 
and fhall ufe all their endeavour either to fet die fhip 
free, or to fave her goods, merchandize, rigging, and 
every thing elfe in their power from being caft away, 
and convey the fame to a fafe place, that they may be 
reftored to the owners^ on condition that they pay the 
charges, and fuch rewards as they lhall delerve, by 
whole labour and diligence the things and goods were 
recovered and fecured* 

IX. Both parties fhall caufe juftice and equity to be 
adminiftered to one another's people and fubjecls, ac- 
cording to the laws and ftatutes of each country, fpeedi- 
ly, and without tedious and unneceflary formalities and 
expences, in allcaufes and controverfies now depend- 
ing, or that may arife hereafter, 

X. That if any thing fhall happen to be done, or 
attempted, by any of the fubjecls and inhabitants of 
the King of Denmark, or of the people and inhabi- 
tants of tlie republic of England, contrary to this trea- 
ty, or any member thereof, by land, fea, or the frefh 
waters, this alliance, friendlhip, and union between the 
parties aforefaid fhall not therefore be interrupted or 
infringed, but fhall neverthelefs remain intire, and be 
in full force> and thofe perfons only who fhali aft con- 

F 3 trary 



70 TREATIES [1640 

trary to the faid treaty (hall be punifhed, and none 
other; and juftice fhali be done, and fatisfaclion given 
to thofe whom it concerns, by all thofe, who, by land, 
fea, or other waters, a6b any thing contrary to this al- 
liance, within the fpace of a year after juftice fhall be 
demanded. But if the breakers of the treaty do not 
appear, nor furrender themfelves to trial, nor give fa- 
tisfaclion within the term mentioned, thofe very per- 
fons lhall be deemed enemies to both the parties ; and, 
as far as the laws and ftatutes of every country and 
place will permit and authorize, all their goods, 
eftates, and revenues whatfoever, fhall be confifcated 
and fold, to make full and juft fatisfaftion for the in- 
juries by them committed, and their perfons fhall be 
liable to thofe punifhments which their refpective 
crimes deferve. 

XL It is alfo agreed and concluded, that the fhips 
of the inhabitants of the republic of England, toge- 
ther with their lading and merchandize, which fail 
beyond the fort of Gluckftadt, or any other places 
and towns under the dominion of the King of Den- 
mark, fituate on the bank of the river Elbe, fhall, 
both going and returning, be free and exempt from 
all tribute, toll, fearch, ftoppage, or molcftation. 

XII. That firs, marts, and the other forts of tim- 
ber, after they are put on board the fhips of the inha- 
bitants of the republic of England, fhall be fubjeft to 
no farther vifitation, but all vifitation or fearch fhall 
be made beforehand ; and if there be then found any 
prohibited timber, die feme fhall be flopped on the 
fpot, before it is carried on board the fhips. Nor 
fhall the perfons or goods of the people of the laid re- 
public be for this caufe arrefted, or in any wife mo- 
lefted by being in any manner detained ; and only 
the fubjech of the King of Denmark, who fhall pre- 
fume to fell and alienate fuch prohibited timber, fhall 
be duly punifhed for the offence. 

4 XIII. For 



1780.] WITH DENMARK. 71 

XIII. For the greater fecurity of commerce, and the 
liberty of navigation, it is agreed and concluded, that 
neither party fhall, if it be in their power, permit 
common pirates, or other robbers of this fort, to har- 
bour in any parts of the other's kingdom or country, 
nor (hall fuffer any of the inhabitants or people of the 
other, to receive or aflift them in reality, or by coun- 
tenance, but on the contrary, fliall do their endea- 
vour that the faid pirates or robbers, and their pira- 
tical partners and accomplices, be apprehended and 
brought to condign punifhment; and that the fhips 
and the merchandize, as much of it as can be found, 
be reftored to their lawful owners, or their attornies, 
provided their right appear from due proofs accor- 
ding to law in the proper courts. 

XIV. It is agreed that there fhall be always free 
accefs for the fubjecls and people of either of the par- 
ties to the harbours and coafts of the other confede- 
rate, and it {hall be lawful for them to ftay therein, 
and to return from thence, not only with merchant 
fhips, and Ihips of burthen, but allb with men of 
war, whether they are fhips of the ftate, or fuch as 
are privately commifiioned, whether they are drove 
in by ftrefs of weather, or for avoiding the danger of 
the fea, whether to repair their Ihips, or to buy pro- 
vifions, Provided they do not exceed the number of 
fix men of war, if they enter of their own accord, nor 
flay longer in or about the harbours than fhall be 
needful for the repair of the fhips, buying provifions, 
or for other necefTary occafions. And if upon occa- 
fion they lhall offer to go to fuch ports with a greater 
number of men of war, it fhall not by any means be 
lawful for them fo to do, without notice given in time 
by letters of their arrival, and without leave firft ob- 
tained from thofe to whom the faid harbours fhall be* 
long. But if by ftrefs of weather, or other urgent 
necefiity, they are compelled to feck harbour, in fuch 
cafe, without any token or notice preceding, the 
fhips lhall not be retrained to any certain number ; 

F 4 on 



7 2 TREATIES [1640 

on condition, neverthelefs, that their commander, 
immediately after their arrival, do certify the chief 
magiftrate or commander of the place, fort, or coaft 
to which they arrive, of the reafon of his coming, 
and that he flay there no longer than he fhall be fuf- 
fered by the chief magiftratc or commander, and do 
neither commit nor attempt any holtility in the har- 
bours which he enters, nor do any thing in prejudice 
of that confederate to whom they belong. 

XV. If either of the confederates fhall think it of 
fervice to himfelf or his fubjects to appoint depi 
refidents, commiflloners, or other minifters of what- 
foever title or character, to manage their affairs in the 
courts or tribunals of the other, it is agreed and con- 
cluded, that the frid minifters fhall be favourably ad- 
mitted, according to the credentials which they bring, 
and be received with fitting refpect and honour, and. 
lhall be under the protection of the other confede- 
rate, and fafe from all manner of injury and violence. 
Provided they do not commit, or attempt any thing 
to the lofs and prejudice of the confederate to whom 
they are lent. 

XVI. Whereas fince the 26th of April, 1654, and 
the firft of June, 1646, certain treaties and alliance* 
were entered into concerning cuftoms in the Sound, 
and other tilings, between the moft Serene King of 
Denmark of glorious memory, and the States of 
England, at that time aflembled in parliament, it is 
agreed and concluded, that the laid treaties and al- 
liances fhall not in any wife by the prefent treaty be 
deemed to be fet afide or repealed, but remain in their 
former force and vigour, as well on the part of his 
moft Serene Royal Majefty now reigning, as on the 
part of the moft High Lord Protector or" the repub- 
lic of England ; who both bind themfelves again by 
the vigor and virtue of this prefent treaty, to perform 
the laid treaties reciprocally and really, and that they 
will take care that the lame, and every one of their 

article* 



\VITH DENMARK. 73. 

articles be performed, and effectually obferved, ac- 
cording to their true and proper meaning, by their fub- 
jects and people. 

XVII. Finally, it is agreed and concluded, that 
both parties fhall Jmcerely and bond fide obferve all and 
fingular the articles contained and .eflablifhed in the 
prefent treaty and alliance, and caufe them to 'be ob- 
ferved by all the fubjects, inhabitants, and people, of 
the Moft Serene King of Demark and Norway, and 
of the republic of England, univerfally ; and that they 
lhall not contravene, or caufe them to be contravened, 
directly or indirectly; and fhall confirm and ratify all 
and fmgular the contents, in fufficient and valid form, 
fubfcribed with their hands, and fealed with their great 
feals ; and fhall bond fide and really deliver, or caufe 
the fame to be delivered, reciprocally to deputies ap- 
pointed for that purpofe, within the fpace of three 
months, or fooner, if poiTible. 

In witnefs of all and fmgular the premifes, I the 
Deputy Extraordinary of the Moft Serene and 
Potent King of Denmark and Norway, and we the 
Counfellors and Cbmmiflioners of his Moft Serene 
Highnefs the Lord Protector of the republic of 
England, Scotland, and Ireland, have with our 
hands and feals figned and fealed the prefent 
treaty, confiding of feventeen articles. Done at 
Weftminfter, Sept* 15, 1654. 



[The following is printed from the treaty, which 
was publifhed by. authority in 1686.] 

Articles cf Peace and Alliance between the Moft Serene 

* . . and Mighty Prince, Charles the Second, ' by the grace 

cf God, King of England, Scotland, France, and 

Ireland, Defender of the Faith, &c. and the Mcft 

Serene and Mighty Prince, Frederick III. King of 

Denmark 



74 TREATIES [1640 

Denmark and Norway. Concluded fj- day of 
July, 1667. 

I. FIRST, It is covenanted, concluded, and agreed, 
that there be from this day a perpetual, firm, and in- 
violable peace between the Moft Serene and Moft 
Mighty Prince, Charles the Second, King of Great 
Britain, and the Moft Serene and Moft Mighty Prince, 
Frederick the Third, King of Denmark and Norway, 
between their heirs and fucceflbrs, and their kingdoms, 
principalities, earldoms, iflands, cities, forts, lands, fub- 
jefts, and inhabitants, of what ftatc and quality lb- 
ever: and fo as to maintain and promote each other's 
good no lefs than their own, and to avert and hinder, 
with all pofiible ftudy, the damage and deftruftion of 
one another. And in this refpeft it (hall be free for 
die fubjects of either King to exercife a mutual navi- 
gation and commerce without molcftation, and with 
their merchandizes to come to each other's kingdoms, 
provinces, marts, ports, and rivers, and there to abide 
and traffic. 

II. At this prefent fhall ceafe between the afore faid 
Kings, and their kingdoms, principalities, earldoms, 
people, and fubjefts, both by land and fea, all enmity, 
war, and hollility; that is to fay, in the Northern 
ocean, and in the Baltic fea, and die Channel, within 
twenty-one days j from the mouth of the faid ftraight 
or channel to the Cape of St. Vincent, within fix 
weeks j and then within the fpace of ten weeks be- 
yond the faid cape on this fide the equinoctial line or 
equator, as well in the ocean as die Mediterranean 
fea: finally, within the fpace of eight months, be- 
yond the bounds of the aforefaid line all over the 
world, without any exception or further diflinftion of 
time or place; all days, weeks, and months, to be 
computed from the fubfcription of the prefent agree- 
ment, and the publication of the fame here made at 
Breda. And whatfoever lhall be taken and fcized 
after the aforefaU days, by either King, or their fob- 

jefts, 



1780.] WITH DENMARK. 7$ 

jcfts, to whom commiflions have been granted, it 
fliall be wholly reftored back again to him or them 
from whom the fame was taken; and furthermore, 
full fatisfaclion fliall be made for the damages to him 
or them thereby arifing, or the charges they have been 
at; and every perfon herein offending, fhall be pu- 
nifhed as his offence deferves, 

III. It is alfo agreed and concluded, that all dif- 
ferences on both fides, fufpicions, and ill-will, both on 
the part of the Moft Serene King of Great Britain, 
and on the part of the Moft Serene Xing of Denmark,. 
&c. and likewife for fmgular the minifters, officers, 
and fubjeds of them, be buried and abolifhed by a 
perpetual oblivion. And further, from this prefent 
fliall expire, be annulled, and for ever cancelled, all 
damages, offences, injuries by word or writing, that 
either the one has done the other, or has been fuftered 
by the one from the other, from the very firft begin- 
ning of the now ceafing war to this day, and the^de- 
termined point of time wherein all diflenfions, dif- 
cords, differences, and enmities, fhall ceafe and be 
laid afide: by name, the affault and defence made at 
Bergen in Norway, and in whole, whatfoever either 
followed from thence, or does thereon depend ; in fuch 
manner, as that neither of the faid parties, by reafon of 
any damage of this kind, offence, or charges, do, under 
any pretence whatfoever, caufe the other any trouble, 
much lefs for this caufe endeavour or attempt any kind 
of hoftility. 

IV. All prifoners on both fides, of whatfcever for- 
tune or rank, fhall be forthwith fet at liberty without 
any ranfom. 

V. All fhips, goods, or the like, that in this turbu- 
lent feafon, in the heat of this very war between both 
the above-mentioned Kings and their fubjefts, have 
been taken by the one from the other, or that either 
party has confifcated and feized of the goods and pre- 
tenlions of perfons or fubjefts of the other nation; 

as 



7 6 TREATIES [i6 4 cv 

as alfo all the expences of war on both fides, fhall he 
compenfated by a like mutual abolition. In fuch 
manner, as are together comprehended in this com- 
penfation, thofe debts of the fubjefts of the King of* 
Great Britain, which have been on the part of Denmark 
confifcated; but in this fenfe, that whati-wr 
diis kind unto die tenth day of May old ftile, and twen- 
tieth new ilile, by virtue of confifcation orreprifii-, 
have been by fubjecTs paid and received, do remain 
utterly abolifhed and fatisfied; and that it be not law- 
ful for the creditors of fuch debts for the future to pre- 
tend any thing upon this account, much lefs to urge 
payment of fuch for any reafon, or under any pre- 
tence whatfoever. But of fuch debts as on the faid day 
have not been paid and received, it. (hall be lawfu: 
the creditors, iubjcdts of the King of Great Britain, 
to demand and profecute the payment, by the ordinary 
way of juflice. Excepting nevcrthelefs, I ao,ooo rix- 
dollars, more or lefs (namely, accruing from a certain 
controverfy which arofc between Chriltian the Fourth, 
of moft glorious memory, King of Denmark and 
Norway, and the Parliament of England, by reafon of 
fending aid to Charles the Firft of moft glorious me- 
mory, King of Great Britain) for which the King of 
Denmark and Norway bound himfelf, and gave his 
bond to a company of certain Englifh merchants t 
ing at Hamburgh, and there eidier now living , 
that have heretofore lived ; which claim of 1 20,000 
rix-dollars or thereabouts, being confifcate, fhall be , 
now by virtue of the prefent treaty accounted as null, 
dead, and utterly abolifhed ; in fuch manner, tha 
creditors of that debt are not either now, or at any 
time hereafter, therefore to demand or pretend any 
tiling. In like manner as is alfo covenanted and agreed 
in moft Hgnificant words, that no pretenfion (hall be 
at any time made, by reafon of 'fuch fhips and goods 
fo feized, and debt or money lent, in fuch manner as 
aforefaid aboliihed and confiscated; but that all fhall 
on both fides by a folemn cgmpenfation be for ever ac- 

cov 



.1780.] WITH DENMARK. .77 

counted as null and void: yet fo that lands and im- 
rnoveable goods be not comprehended in the aforefaid 
voidance and annullation, but that they be without any 
difficulty or impediment reftored back to thofe, who 
before the denouncing of the prefent war were the 
poiTefibrs and proprietors of them. 

VI. It is covenanted and agreed on both fides, That 
under the laft-mentioned compenfation, neither coun- 
tries, nor iflands, nor cities, nor forts, nor ports, nor 
other like places, are to be underflood. But if it fhall 
be found, that either party during this war hath either 
taken any fuch, in or out of Europe, or may yet take 
within the time limited in the fecond article, whatfoever 
it be, it fhall be, without any compeniation and lofs, 
together with all, even the fmalleft things thereto ap- 
pertaining, forthwith reftored to him whofe it was 
before, and in .the fame condition wherein it was then 
when it was taken, without tergiverfation, delay, or 
any kind of pretence. 

VII. Under this prefent treaty of peace fhall be com- 
prehended thofe, who before the exchange of ratifica- 
tions, or afterwards within fix months, fhall be by 
common content nominated by both parties. And, as 
the covenanting parties do thankfully acknowledge 
the friendly offices and unwearied endeavours, whereby 
the Moft Serene King of Sweden interpofing his medi- 
ation, hath through the afiiftance of God promoted 
and carried on this beneficial work of pacification unto 
the defired conclufion ; fo to teftify their like affe&ion, 
k is decreed and covenanted, by the common confent 
of all the parties, that his above-mentioned Majefty of 
Sweden, with all his kingdoms, dominions, provinces, 
and rights, be included in this treaty, and comprehended 
in the prefent pacification, after the beft and moft effec- 
tual manner that may be. 

VIII. Laftly, It is concluded, covenanted, and 
agreed, that the forefaid Moft Serene and Moft Potent 
Kings fhall fmcerely and bond fide obferve all and 

finguiar 



7 8 TREATIES [1640 

fingular the articles contained and eftablifhed in this 
prefent treaty, and fhall caul- the fame to be obfcrved 
by their fubjects and inhabitants, neither lhall they 
directly or indirectly tranfgrefs them, or fuffer them to 
be tranfgreffed by their fubjedts or inhabitants directly 
or indirectly : and they fhall ratify and confirm all and 
every thing as they are ab >ve covenanted, by letters 
patent, fubfcribed with their hands, and corroborated 
witli their great feals, conceived and written in fuffi- 
cient, valid, and effectual form, and fhall reciprocally 
deliver, or caufe the fame to be delivered here at 
Breda, bonafide, really and effectually, within the fpacc 
of four weeks next enfuing the date of thefe prefents, 
or fooner if it may be done. 

Breda, the |4- day of July, 1667. 



[The following is printed from the treaty which wu 
publilhed by authority in 1686.] 

Articles of Alliance and Commerce between the Mojl 
Serene and Potent Prince, Charles the Second, by 
the grace of God, King of England, Scotland, 
France, and Ireland, Defender of the Faith, &c. 
and the Mojt Serene and Potent Prince, Chriftian the 
Fifth, by the grace of God, King of Denmark, 
Norway, &c. Concluded at Copenhagen, the 
1670. 



I. THAT there be between the two Kings, their 
heirs and fucceflbrs; as alib their kingdoms, princi- 
palities, provinces, eftates, counties, iflands, cities, fub- 
jects, and vailals, of what condition, dignity, and de- 

r ? f? eVCr> by land and fea > in rivers > frefh-waters, 
and all places whatfoever, as well in Europe as out 

Europe, now and for. the time to come, a fmcere, 
true, and perfect friendfhip, peace, and confederation i 
10 as that neither party do any wrong, injury, or pre- 

Uce to the kingdoms, principalities, provinces, and 

eftates, 



1780.] WITH DENMARK. 79 

eftates, or to the inhabitants and fubjefts of the other; 
nor fufferany to be done by others, as much as in him 
is : but rather live as friends together, ufmg each other 
with good- will and refpeft; and promoting upon all 
occafions the interefts and advantages of each other, 
and their fubjefts, as if they were their own : and pre- 
venting and hindering with all their power, by their 
afliftance and advice, any damage, wrong, and injury, 
that may be offered them. 

II. Neither of the forefaid Kings and their heirs 
fhall confent to any thing that may be to the prejudice 
or detriment of his ally j but if either of the Kings 
lhall know that any thing is propofed, or is in agitation 
4>r contrivance, or that will be propofed, agitated, or 
contrived, which may tend to the detriment of the 
other, he fhall be obliged to fignify the fame unto him 
without delay, and in the mean time to hinder and 
prevent it by all ways poflible. 

III. The forefaid Kings for themfelves, their heirs 
and fucceflbrs, mutually do undertake and promife, 
That they will not aid or furnifh the enemies of either 
party, that fhall be aggreffors, with any provifions of 
war, as foldiers, arms, engines, guns, fhips, or other 
necefiaries for the ufe of war, or naffer any to be 
furnilhed by their fubjecls : but if the fubjefts of ei- 
ther Prince fhall prefume to a<5b contrary hereunto, 
then that King, whofe fubjeds fhall have fo done, fhall 
be obliged to proceed againft them with the higheft 
feverity, as againft feditious perfons, and breakers of 
the league. 

IV. It is further covenanted and agreed, That if at 
any time hereafter, any prince or ftate fhall invade, or 
by any hoftile way attempt upon the hereditary king- 
doms, provinces, counties, towns, iflands, territories, 
or dominions of the King of Denmark, which he 
now pofleffeth, then the King of Great Britain fhall 
affift the faid King of Denmark in time, with fuch 
number of land forces and fhips of war, againft fuch 

aggreflbr, 



fo TREATIES [1640 

aggretfbr, as fhall fuffice to repel the force, and as the 
ftate of thefaid King*s affairs Ihjdl require. And the 
faid King of Great Britain fhall therefore with all his 
power enjkjayour to hinder, that by fuch invafion or 
difturbance the King of Denmark be not prejudiced 
in any wife M* his kingdoms, dominions, or rights. 
And if the faid King of Giea: Britain, or the faid 
King of Denmark, fhall contract or make any league, 
alliance, or union with any other king, prince, c 
rnonwealth, or ftate, they fhall respectively endeavour 
to comprehend therein each other, and their domi- 
nions (as much as in them lies) if ti, uefire 
to be comprehended. 

V. Irfhall be lawful for the fubjecls of both K 
with their commodities and merchandize b 

and land, in time of peace, without licence or fafc 
duft general or fpecial, to come to the kingdoms, pro- 
vinces, mart towns, ports, and rivers of each othf r, 
and in any place therein to remain and tra^i 
ufual cuftoms and duties j referving i 
either Prince his fuperiority and regal jurifJ.iction in 
his kingdoms, provinces, principalities, and ; 
xefpe&ivv ' 

VI. Jt is notwithflanding covenanted and con- 
cluded, that the fubjefts of the King of ( HV.U Britain 
fhall in no wile come to the prohibited ports, of which 
mention is made in precedent treaties, nor cole 
without the fpecial licence of the King of Denmark 
firft defired and obtained j unlefs they fhall be com- 
pelled to make thither, and enter therein, by rtrefs of 
weather, or purfuit of pirates ; in which cak-, neither 
fhall it be lawful for them to buy or fell. As alib in 
like manner the fubjefts of the King of Denmark ihall 
not come to the Britifh colonies, unlefs by fpccial li- 
cence of the King of Great Britain tirfl deli red and 
obtained. 

VII. It fhall be lawful for the fubjecls of the Moft 
Serene King of Dcnmaik to bring into their 

' Rores 



1780.] WITH DENMARK. 81 

flores and warehoufes in England, Scodand, and Ire- 
land, and other the ports of the King of Great Bri- 
tain in Europe, fuch commodities as now, or here- 
after fhall be of the growth and production of the 
eftates, countries, and dominions, fubje<5t to the Kinc* 
of Denmark, or of the manufacture thereof, and 
likewife fuch as come from any part of the river of 
Elbe. 

In like manner fhall it be lawful for the fubjecls of 
the King of Great Britain to import and bring into 
Denmark, Norway, and all other ports and colonies 
not prohibited of the King of Denmark, all kinds 
of merchandize which now or hereafter fhall be pro- 
duced or made in the kingdoms, countries, and eftates 
under the fubjedion of the King of Great Britain 
But if at any time hereafter it be permitted to any 
foreign nations, to bring all kinds of commodities 
without exception, into England, Scotland, and Ire- 
land, and other the ports belonging to the King of 
Great Britain, then the fame alfo fhall be lawful for 
the fubjeds of the King of Denmark: which in like 
manner fhall be permitted to the fubjeds of the 
King of Great Britain, upon the like occafion, in the 
prohibited ports and colonies of the King of Den- 
mark. 

VIII. It is alfo covenanted and agreed, that the 
people and fubjeds of the King of Great Britain, fail- 
ing to any the hereditary kingdoms, countries, or do-, 
minions of the King of Denmark, or trading in the 
lame, fhall pay no more or greater cuftoms, tribute, 
toll, or other duties, nor in any other manner than the 
people of the United Provinces of the Low Countries, 
and other ftrangers (the Swede only excepted) trading 
thither, and paying letter cuftoms, do or fhall pay 
in going, returning, and flaying, as alfo in fifhing 
and trading, and all other things, fhall enjoy the fame 
berties, immunities, and privileges, which the peo- 
ple of any foreign country in the faid kingdoms and 
dominions of the King of Denmark, abiding and 



82 TREATIES [1640 

trading, do or fhall enjoy. And fo on the other fide, 
the p?ople and fubjeds of the King of Denmark 
fhall have and enjoy the fame privileges m the coun- 
tries and territories of the King of Great Bntam ; to 
wit, that the people and fubjefts of the King of Den- 
mark, failing to any the kingdoms, countries, or do- 
minions of the King of Great Britain, or trading in 
the fame, fhall not pay any more or greater cuftoms, 
tributes, toll, or other duties, nor in any other manner, 
than the people of the United Netherlands, or other 
ftrangers trading thither, and paying lefier cuftoms, 
door fhall pay: and in going, returning, and flaying, 
as alfo in fifhing and trading, and all other things, 
fhall enjoy the fame liberties, immunities, and privi- 
leges, which the people of any other foreign country 
in the faid kingdoms and dominions of the King of 
Great Britain, abiding and trading, door fhall enjoy: 
but fo, as that the power of each King of making or 
altering cuftoms, or other dimes, as they fhall fee 
occafion, in their refpeftive kingdoms, countries, do- 
minions, and ports, remain full and entire ; provided 
the forefaid equality be ftriftly obferved on both fides 
in manner aforefaid. 

IX. It is alfo covenanted, that when the fubjefts of 
either King have imported their commodities into the 
dominions of the other, have paid the ufual cuftoms 
for them, and undergone their fearch, it fhall be free 
and lawful for them to bring their faid commodities 
into their own proper ftorehoufes and cellars, or into 
places which they fhall think moft fit and convenient, 
and there ftore them ; nor fhall any magiftrate or officer 
of any the cities or ports of either, impofe upon them 
any cellars or ftorehoufes without their confent. 

X. The fubjefts of either crown trading upon the 
feas, and failing by the coafts of either kingdom, 
fhall not be obliged to come into any port, if their 
courfe were not directed thither; but fhall have liberty 
to purfue their voyage without hinderance or deten- 
tion. 



1780.] WITH DENMARK. 83 

tion, whitherfoever they pleafe. Nor fhall they, bein* 
by temped forced into port, and there remaining, b? 
obliged to unlade their cargo, or to barter or fell any 
part thereof; but it fhall be lawful for them to difpofe 
>f it as they fhall think fit, and to do any other thing 
which they fhall judge mofl for their advantage: pro? 
vided nothing be done that may be to the defraudino- 
>t either Prince of his due rights and cufloms. 

XI. It is alfo agreed, that after any planks, mails 
and other forts of timber, have been once put on board 
the fhips of the fubjeds or people of the Kino- O f 
Great Britain, they fhall not be liable to any further 
learch; but all fearch or fcrutiny fhall be made be- 

>re ; and if then, either oaken, or other prohibited 
timber be found, it fhall be prefently flopped and de 
tamed upon the place, before it be put on board the 
ftips; nor fhall the people of the faid King of Great 

main, or his fubjeds, be therefore molefled in their 
perlons or eflates by arrefl, or other detention what- 

T C n U K nly the fubjefts f the Kin S Denmark, 
who fhall have prefumed to fell or alienate any the 
:e prohibited timber, fhall be punifhed in due man- 
ner. And the people and fubjeds of the King of 
Great Britain fhall have, pofTefs, and enjoy all and 
imgular the contents and conceflions of this article 
without any moleflation or interruption, fo long, and 
for all fuch time as the fubjeds, or any of the people 
of the United Netherlands, fhall hold, pofTefs, and 
enjoy or might or ought to hold, poflefs, and enjoy 

ie fame, or like privileges, by any treaty already 
made, or to be made, or by any contrad, agreement, 
or permiffion. 

XII. It is alfo concluded and agreed, that all 

ihips belonging to the fubjeds of the King of Great 

Britain, and merchants, in their pafiage through the 

bound, under the Moft Serene King of Denmark and 

Norway, & c . fhall enjoy, after the fame manner, the 

enent and privilege of deferring the payment of their 

G 2 cufloms 



8 4 TREATIES [1640 

cuftoms until their return, as they held and enjoyed in 
former years laft preceding the late war; but fo, ne- 
verthelefs, that the faid fhips and merchants bring with 
them certificates under the leal of the officers of the 
faid King of Great Britain deputed thereunto, tefti- 
fying the faid fhips to belong to fubjcfts of the 
King of Great Britain ; and likewile that before 
their pafiage they give fufficient and good fecurity for 
paying the fame in place convenient, to the collectors 
of the cuftoms of the faid King of Denmark, at their 
return, or if they fhall not return, within three months 
time at the fartheft, if they do not pay the fame at their 
faid firfl paffage. 

XIII. And furthermore it is agreed, that whatfo- 
ever merchandize the fubjefts of the King of Great 
Britain fhall land at Elfignore, and there lay in thur 
ftorehoufes, to no other end than to put on board again 
entire, and tranfport them to other parts, they fhall be 
obliged to pay only the fame duties for fuch merchan- 
dize, and no more, than is wont to be paid in this cafe 
by the Dutch nation, or any other ftrangers: which 
fhall be reciprocally obferved to the fubje&s of the 
King of Denmark, after the fame manner, in England. 

XIV. Alfo it is agreed, that the fhips and fubjcfts 
of the King of Great Britain fhall have their difpatch 
atElfignore as foon as they arrive there, without delay, 
no fhips, of what nation foever, having preference 
before them in this behalf: except the inhabitants of 
certain places, who have anciently held a privilege to 
that purpoie, and ftill do. 

XV. If any fubject of either Prince fhall happen 
to die in the dominions or territories of the other, it 
fhall be lawful for him to difpofe of his eftate, both 
money and goods, in any manner whatfoever : and if 
any one die within the kingdoms or provinces of the 
other Prince without making any fuch difpofitions, 
then the goods by him left, moveable or immoveable, 
of whatever nature or condition the fame fhall be, 

fhall 



1780.] WITH DENMARK. 85 

fhall be faithfully preferved for the life of the right heir, 
and for fatisfaction of fuch debts as the party deceafed 
was juftly bound to pay : and to that end, fo foon as 
any fubject of either Prince fhall die in the other 
Prince's dominions, the conful or public minifter 
then refiding there fhall have right to poflefs the 
{aid monies and goods, and fhall make inventories 
of the fame before fome magiftrate of the place; 
which goods fhall afterwards remain in his hands, to be 
anfwered to the heirs and creditors as aforefaid , but 
if no fuch conful or public minifter fhall be there, then 
it fhall be lawful for two merchants of the fame country 
with the party deceafed, to poflefs the goods left by 
him, to preferve them, and in like manner to anfwer 
them to the heirs and creditors. Which notwithftand- 
ing is to be fo underftood, that no papers or books 
of accounts are by this article to be expofed to the 
inflection of the faid magiftrate, but only the real 
goods and merchandize of the deceafed ; and that die 
faid magiftrate, within the fpace of forty-eight hours 
after notice given, and requeft made, fhall be obliged 
to be prefent, otherwife the faid inventories lhall be 
made without him. 

XVI. It fhall be lawful for either of the confede- 
rates, and their fubjecls or people, to trade with 
the enemies of the other, and to carry to them, or 
furnifii them with any merchandizes (prohibited only, 
which they call contrabanda, txcepted) without any 
impediment, unlefs in ports and places befieged by the 
other ; which neverthelefs if they fhall fo do, it fhall be 
free for them either to fell their goods to the be- 
fiegers, or betake themfelves to any other port or 
place not befieged. 

XVII. It is alfo agreed, that it fhall be free and 
lawful for the fubjecls of either Prince, trading in the 
dominions or ports of the other, there to remain and 
refide for the buying and felling commodities, without 
any reftriction of time, or limitation to be impofed 

G 3 upon 



86 TREATIES [1640 

upon them by any officers or magiftrates of the faid 
dominions or ports, they paying the accuftomed duties 
for all goods and merchandize by them imported or 
exported} and further provided that diey trade with 
none but fuch as are citizens, or burghers of fome 
city or town within the kingdoms of Denmark or 
Norway, and that only by wliolefale, and not by par- 
cels or retail. 

XVIII. Furthermore, for the better encourage- 
ment of trade and commerce, and for the utter avoid- 
ing of all frauds and difputes that may arife between 
the officers of ports and merchants, it is agreed and 
concluded, that all and fmgular duties fhall be de- 
manded and paid, according to the printed Tariff 
(or book of rates) wherein fhall be comprized all 
cuftoms and duties to be paid, as well for goods in the 
refpeftive ports, as for pafTage through the Sound : and 
to the end that this may be the more ftrictly obferved, 
both Kings fhall not only enjoin his officers and collec- 
tors of his cuftoms, under the higheft penalty, not to do 
any thing that may fruftrate or elude this agreement -, 
but alfo that they do not, by moleftation or exaction, 
caufe any trouble, or offer any injury to the fubjefts of 
either King. 

XIX. Moreover, it is concluded and agreed, that 
the King of Denmark fhall conilitute die overfeers of 
his cuftoms, or others, commiffioners for re-meafuring 
all fhips belonging to the fubjeds of the King of Great 
Britain trading in Norway, according to their burthen 
and content, fo as that what has been hitherto not 
rightly obferved, either in excefs or defect, may be 
hereafter reduced into better order. 

XX. But left fuch freedom of navigation or paf- 
lage of the one ally, and his fubjeds and people, dur- 
ing the war that the other may have by fea or land 
with any other country, may be to the prejudice of 
the other ally, and that goods and merchandize be- 
longing to the enemy may be fraudulently concealed 

under 



1780.] WITH DENMARK. 87 

under colour of being in amity; for the preventing of 
fraud, and clearing all fufpicion, it is thought fit, 
that the fhips, goods, and men, belonging to the 
other confederate, in their pafiage and voyages, be ac- 
companied with letters of paflport and certificate; 
the forms whereof to be as follows : 

CHARLES the Second, ly the Grace of God, King of 
Great Britain, &c. 

CHRISTIAN the Fifth, by the Grace of God, King of 
Denmark and Norway, &c. 

B E it known unto all and fmgular to whom thefe 
our letters of fafe-conduft fhall be (hewn, That 
our fubjeft and citizen of our city of 
hath humbly reprefented unto us, that the fhip called 
of the burthen of tons, 

doth belong unto them and others our fiibjects, and 
that they are fole owners and proprietors thereof, and 
is now laden with the goods which are contained in a 
fchedule which fhe hath with her from the officers of 
our cuftoms, and do folely, truly, and really belong 
to our fubjefts, or others in neutrality, bound immedi- 
ately from the port of to fuch other 
place or places where fhe may conveniently trade with 
the faid goods, being not prohibited, nor belonging 
to either of the parties in hoftility, or elfe find a 
freight: which the forefaid our fubject, 
having attefted by a writing under his hand, and af- 
firmed to be true by oath, under penalty of confifca- 
tion of the faid goods, we have thought fit to grant 
him thefe our letters of fafe-conduft: and therefore 
we cfo hereby refpeftively pray and defire all gover- 
nors of countries and feas, kings, princes, common- 
wealths, and free cities, and more efpecially the parties 
now in war, and their commanders, admirals, gene- 
rals, officers, governors of ports, commanders of 
fhips, captains, freighters, and all others whatfoever 
04 having 



88 TREATIES [1640 

having any jurifdiction by fea, or the cuftody of any 
port, whom the fhip aforefaid fhall chance to meet, or 
among whofe fleet or fhips it fhall happen to fall, or 
make (lay in their ports, that by virtue of the league 
and amity, which we have with any king or ftate, they 
fuffer the faid mailer with the fhip, perfons, 

things, and all merchandize on board her, not only 
freely and without any moleftation, detention, or im- 
pediment, to any place whatsoever to purfue his voy- 
age, but alfo to afford him all offices of civility, as to 
our fiibjecl:, if there fhall be occafion ; which upon the 
like or other cccafion we and ours fhall be ready to 
return. 

Given the day of in the 

year 

WE die prefident, confuls, and fenators of the 
city of do atteft and certify, That 

on the day of in the year 

perfonally before us came and appeared 
citizen and inhabitant of the city or town 
of and under the oath wherein he ftands 

bound to our fovereign Lord the King, did declare 
unto us, that the fhip or veffel called 
of the burthen of tons, doth belong to 

the port, city, or town of in die pro- 

vince of And that the faid fhip doth 

juftly belong only to him and others, fubjefb of our 
faid fovereign Lord, and now bound direftly from the 
P ort f laden with goods mentioned 

in a fchedule received from the officers of the cuftoms; 
and that he hath affirmed under the oath aforefaid, 
that the forementioned veffel, with her goods and mer- 
chandize, doth only belong to fubjefts of his Majcfly, 
and doth carry no goods prohibited, which belong to 
either of the parties now in war. 

In teftimony whereof we have caufed this certificate 
to be fubfcribed by the fyndic of our city, and 
fealed with our feal 
Given, &c. 

When 



1780.] WITH DENMARK. 89 

. When therefore the merchandize, goods, fhips, or 
men of either of the confederates, and their fubjecls 
and people, lhall meet in open fea, ftraights, ports, 
havens, lands, and places whatfoever, the fhips of 
war, whether public or private, or the men, fubjefts, 
and people of the other confederate; upon exhibiting 
only the forefaid letters of fafe-conducl and certificate, 
there fhall be notliing more required of them, nor fhall 
fearch be made after the goods, fhips, or men, nor 
fhall they be any other ways whatfoever molefted or 
troubled, but fufrered with all freedom to purfue their 
intended voyage ; but if this folemn and fet form of 
paflport and certificate be not exhibited, or that there 
be any other juft and urgent caufe of fufpicion, then 
fhall the fhip be fearched, which is neverthelefs in this 
cafe only underftood to be permitted, and not other- 
wife. If by either party any thing fhall be committed 
contrary to the true meaning of this article, againft 
either of the confederates, each of the faid confede- 
rates fhall caufe his fubjefts and people offending to 
be feverely punifhed, and full and entire fatisfaSbn 
to be forthwith given, and without delay, to the party 
injured, and his fubjeds and people, for their whole 
lofs and expences. 

XXI. It is alfo concluded and agreed, that all fhips 
of fubjedts and people of the King of Great Britain, to ; 
gether with their lading and merchandize, pafling by 
the port of Gluckftad, or other places and towns under 
the dominion of the King of Denmark, fituate upon 
the Elbe ftream, both going and returning, fhall be 
free and exempt from all cuftom, impoft, fearch, fei- 
zure, and moleftadon, except only the cafe of fearch 
in the time of war, when the King of Denmark hath 
war with any other king or ftate. 

XXII. If the fubjefts cf either Prince be hurt or 
injured in the territories of the other, then the King 
of that place where the injury is done, fhall take cafe 
that fpeedy juftice be admimftered according to the 

laws 



9 o TREATIES [1640 

laws and cuftoms of the country; and that the perfons 
guilty be duly punifhed, with fatisfadion to be made 
to the party wronged. 

XXIII. It is alfo agreed, that no Ihips whatfoever, 
veflels, or merchandize laden on fhips of whatfoever 
nature, kind, or quality, howfoever taken, belonging 
to any the fubjedb of either of the aforefaid Kings, 
under any colour or pretence whatfoever, be adjudged 
prize, unlefs by a judicial examination and procefs in 
form of law, in a court of admiralty for prizes taken 
at fea, in that behalf lawfully conftitutcd. 

XXIV. Both parties fhall caufe juftice and equity 
to be adminiftered to the fubje&s and people of each 
other, according to the laws and ftatutes of either 
country, fpeediiy, and without long and unnecefiary 
formalities of law and expences, in all caufes and 
controverfies, as well now depending, as which may 
hereafter arife. 

XXV. If the fhips of either of the confederates, and 
their fubjects and people, whether they be merchant- 
men, or men of war, fhall happen to run on ground, or 
fall upon rocks, or be forced to lighten themfelves, or 
fhall otherwife fuffer fhipwreck (which God forbid) upon 
thecoaftsof either King, the forefaid fhips, with their 
tackle, goods, and merchandize, or whatfoever fhall 
be remaining of them, fhall be reftored to their owners 
and proprietors ; provided they or their agents and 
proftors do claim the faid fhips and goods within the 
fpace of a year and a day after fuch fhipwreck fuf- 
ftred, faving always the rights and cuftoms of both 
nations. The fubjefts alfo and inhabitants dwelling 
upon the faid coafts and mores, fhall be obliged to 
come in to their help in cafe of danger, and as much 
as in them lies to give their afliltancej and fhall do 
their utmoft endeavour either for the freeing of the 
fhip, or faving the goods, merchandize, and apparel 
of the faid fhip, and what elfe of the fame they ihall 
be able, and for the conveying the fame into form 

place 



1780.] WITH DENMARK. 91 

place in order to be reftored to the owners; they 
paying falvage, and giving fuch recompence to the 
perfons by whofe afiiftance and diligence the faid mer- 
chandize and goods fhall have been recovered and pre- 
ferved, as they fhall deferve. And finally, both par- 
ties,, in cafe of fuch misfortune, fhall fee obferved on 
their fide, what they would defire to have obferved 
and done on the other fide. 

XXVI. The commanders of fhips, or governors, 
foldiers, mariners, and company belonging to the 
fame; as alfo the fhips themfelves, and the goods and 
merchandize on board them, fhall not be detained by 
any arreft or feizure, upon any warrant either general 
or fpecial, or for any caufe, unlefs for the defence and 
preservation of the kingdom; which yet fhall not be 
underftood to be meant of arrefls laid by authority of 
law, for debt contracted upon any other lawful occa- 
fion whatfoever, in which cafe it fhall be lawful to 
proceed according to the rules of juftice and law. 

XXVII. It fhall be free for the merchants of both 
kingdoms, their factors and fervants, and alfo the maf- 
ters and mariners of fhips upon the fea, and in other 
waters, as likewife in the ports, and upon the coafts 
and lands of either confederate, going, returning, and 
walking, for the defence of their perfons and goods, 
to carry any kind of portable arms, as well oftenfive 
as defenfive, fo that they give no juft caufe of fufpi- 
cion to the commanders and' magiftrates of any place, 
of any plots or contrivances againft the public or pri- 
vate peace. 

XXVIII. The convoys or fhips of war of either 
party, meeting in their voyage, or overtaking any mer- 
chants fhips, or others, belonging to the other confe- 
derate or his fubjects, and making the fame courfe at 
fea, in Europe or out of Europe, fhall be obliged to 
guard and defend them as long as they fhall hold the 
fame courfe together. 

* XXIX. For 



92 TREATIES [1640 

XXIX. For the greater fecurity of commerce and 
freedom of navigation, it is concluded and agreed, 
that neither part, as much as may be, and (hall lie 
in their powers, fhall permit that public pirates or 
other robbers upon the fea, in any the ports of the other 
kingdom or country, have their receptacles or retreats, 
or ihall fuffer that any of the inhabitants or people of 
either Prince do receive them into their houfes, or 
fupply them with provifions, or be otherwife aflifling 
to them; but, on the contrary, fhall endeavour that the 
faid pirates or robbers, and their partizans and accom- 
plices, be apprehended and punifhed according to their 
demerit, and the fhips and goods, as much as can be 
found of them, reftored to the lawful owners or their 
agents, provided their right be made appear by due 
proof of law in the court of admiralty. 

XXX. It is concluded and agreed, that there (hall 
be- at all times free accefs for the fubjecTs and people 
of either party, to the ports and coafts of both Princes, 
and it (hall be lawful for them to remain therein, and 
from thence again to depart, and- alfo to pals through 
the feas and territories whatsoever of either King re- 
fpe&ively (not committing any wafte or injury) not 
only with merchant-ftiips, and fhips of burthen, but 
alfo with (hips of war, whether the fame be upon the 
public account, or acting by private commiffions; 
whether they enter by reafon of tempeft, and for 
avoiding the danger of the fea, or to refit or buy pro- 
vifions : fo that they exceed not the number of fix 
Ihips of war, if they enter of their own accord, nor 
Ihall they remain longer in or about the ports than 
(hall be neceffary for the refitting of their fhips, buy- 
ing provifions or other neceffaries : and if they fhould 
upon occafion defire to come into the faid ports with a 
greater number of (hips of war, it (hall in no wife be 
lawful for them to enter thereinto without firft giving 
timely notice by letter of their coming, and obtaining 
leave of thofe to whom the forefaid ports belong. 
But if by force of tempeft, or other urgent neceflky, 

they 



1780.] WITH DENMARK. 93 

they fhall be compelled to put into harbour, in fuch 
cafe, without any precedent notice, the fhips lhall not 
be reflrained to a certain number j but with this con- 
dition neverthclefs, that their admiral or commander 
in chief, prefently after his arrival, fhall make ac- 
quainted the chief magiftrate or commander of the 
place, haven, or coaft, whither they are come, with 
the caufe of his coming; nor (hall he flay longer there 
than fhall be permitted him by the chief magiftrate 
or commander, and lhall not acl or attempt any hoilility 
in the ports whereinto he hath betaken himfelf, or any 
thing prejudicial to him of the two confederates to 
whom they lhall belong. 

XXXI. It fhall not be lawful for the fubjecls of either 
King, or the inhabitants of the kingdoms or lands 
under their obedience, to procure of any prince or 
ftate who is at difference, or in open war with either 
of the confederates, letters patents, called commifiions 
or reprifals, much lefs by virtue of fuch letters to mo- 
left or damnify the fubjecls of either. Both the faid 
Kings fhall ftriclly prohibit their fubjecls refpeclively, 
that they do not procure or accept from other princes 
or ftates any fuch commiflions; but fhall, as much as 
in them lies, forbid and hinder the committing of any 
depredations by virtue of fuch commiflions. 

XXXII. If any fhip or fhips belonging to the fub- 
jecls of either King be taken in the ports of either by 
a third party, they in whofe port, or within whofe jurif- 
diclion whatfoever the forefaid fhips fhall be taken, 
fhall be mutually obliged to ufe their endeavour, to- 
gether with the other party, for the finding -and re- 
taking the laid fhip or fhips, and reftoring them to the 
owners ; which nevertheleis lhall be done at the charge 
of the faid owners, or the parties interefted. 

XXXIII. But if alfo in the fhips taken by the 
fubjecls of either confederate, and brought into any 
port belonging to the other, there be found any lea- 
men or other perfons who are fubjecls of that confe- 
derate 



94 TREATIES [1640 

derate into whofe ports or rivers the prize fliall be 
brought, they fliall be civilly ufed by thofe who have 
taken them, and reftored to their liberty forthwith, 
and without ranfom. 

XXXIV. But if a (hip of war, or any other, laden 
with prohibited goods belonging to the other crown, 
happen to be taken ; it fhall not be lawful for the cap- 
tains or commanders who have taken her, to open or 
break up any chefts, tons, or bales on board the faid 
fhip, nor likewife to transport or otherwife alienate 
any of her merchandize, until they have been firft put 
on fhore, and an inventory thereof made before the 
judges of the admiralty. 

XXXV. And for the greater fecurity of the fub- 
jefts of both Kings, and for preventing of all violence 
towards them from the faid fhips of war j all com- 
manders of any the (hips of war belonging to the 
King of Great Britain, and all other his fubjefts 
whatfoever, fhall be ftriftly charged and required, 
that they do not moleft or injure the fubje<5b of the 
King of Denmark ; if they fhall do otherwife, they 
fhall be liable to anfwer it in their perfons and eftates, 
and fhall therein ftand bound until juft fatisfaftion and 
compenfation fhall be made for the wrongs by them 
done, and the damage thereby fuftained or to be fuflained: 
in like manner fhall all commanders of the fhips of war 
belonging to the King of Denmark, and all other his 
lubjedts whatfoever, be ftraitly, under the fame penal- 
ties, charged and required that they do not moleft or 
injure the faid fubjefts of the King of Great Britain: 
provided neverthelefs, that all the forefaid actions be 
examined and adjudged by due and legal proceeding in 
the court of admiralty of both Kings; or if it fhall rather 
feem meet to either of the parties, being a flranger in 
the place where the controverfy is to be decided, they 
fhall be examined before certain commiflioners, which 
both Kings, fo foon as they fhall be defired, fliall ap- 
point to that end, that fo proceedings by this means 

may 



1780.] WITH DENMARK. 95 

may be not only carried on without great expences, 
but alfo ended within three months at fartheft. 

XXXVI. Both Kings (hall take care, that judg- 
ment and fentence, in things taken at fea, be given 
according to the rules of juftice and equity, by per- 
fons not fufpected or interefted ; and being once given 
by fuch judges as aforefaid, they fhall ftraitly charge 
and require their officers, and whom it fhall concern, 
to fee the fame put in due execution according to the 
form and tenor thereof. 

XXXVIT. If the ambafladors of either King, or 
any other public minifters refiding with the other King, 
fhall happen to make complaint of any fuch fentence, 
that King to whom complaint fhall be made, fhall 
caufe the faid judgment and fentenCe to be re-heard 
and examined in his council, that it may appear whe- 
ther all things requifite and neceffary have been per- 
formed according to the rules of this treaty, and with 
due caution: if the contrary fhall happen, it fhall be 
redrefled, which is to be done at the fartheft within 
three months time. 

Neither fhall it be lawful, either before the giving 
of the firft fentence, or afterwards during the time of 
re-hearing, to unlade or fell and make away the 
goods in controverfy, unlefs it happen to be done 
by confent of parties, and to prevent the perilhing of 
the faid goods and merchandize. 

XXXVIII. The faid Kings fhall have in each 
other's court their minifters, and in certain ports their 
confuls, for the better and more eafy communicating 
and propofmg fuch things as they fhall think advan- 
tageous to the public intereft, or private concerns of 
any particular perfon. 

XXXIX. No private injury fhall in any wife let- 
ten this treaty, nor fhall raife any difcord or hatred 
between the forefaid nations, but every man fhall 
anfwer for his own doings, and fhall be refponfible 

therefore; 



9 t TREATIES [1640 

therefore ; nor fhall one man fuffer for that which an- 
other has offended in, by having recourfe to reprifals, 
or-fuch like rigorous proceedings, unlefs juftice be 
denied or delayed longer than is fitting. In which cafe 
it ihall be lawful for that King, whole fubjecl has re- 
ceived the injury, to proceed according to the rules 
and prefcripricns of the law of nations, until repara- 
tion be made to the party injured; provided notwith- 
ftanding, that he have fir ft in due manner advert! fed 
the other King thereof. 

XL. Alfo it is agreed, that if the Hollander, or 
any other nation whatfoever (the Swedifh nation only 
excepted) hath already, or Ihall hereafter obtain any 
better articles, agreements, exemptions, or privileges, 
than what are contained in this treaty, from the King 
of Denmark, that the fame and like privileges fhall 
be likewife granted to the King of Great Britain and 
his fubjefts, effcaually and fully, to all intents and 
purpofes; and on the other fide, if the Hollander, or 
any other nation whatfoever, hath or ftiall obtain from 
his Majefty of Great Britain, any better articles, agree- 
ments, exemptions, or privileges, than what are con- 
tained in this treaty, that the fame and like privileges 
ihall be granted to the King of Denmark and his fub- 
jefts alfo, in moft full and effectual manner. 

XLI. It is alfo concluded, that former treaties 
and leagues, at any time heretofore made between the 
forefaid confederates or their predeceflbrs, Kings, as 
well for the kingdoms of Great Britain, &c. as for 
the hereditary kingdoms of Denmark and Norway, 
&c. refpeftively, be not in the leait reputed or taken 
to be broken and abolifhed by any agreement, cove- 
nants, or articles in the prefent treaty contained i but 
that the fame remain in full force, effect, and virtue, 
io far as they are not contrary or repugnant to the 
prefent treaty, or any article therein contained. 

XLII. Finally, it is covenanted, concluded, and 
agreed, that the forefaid Kings fhall fmcerely and 

lend 



1780.] WITH DENMARK. 97 

bond fide obferve all and fmgular the articles contained 
and fet down in this treaty, and fhall caufe them to be 
obierved by their fubjedts and people i nor fhall tranf- 
grefs the fame directly or indiredly, or fufFer the fame 
to be tranfgreffed by their fubjefts or people, and {hall 
ratify and confirm all and fingular the premifes as be- 
fore agreed, by letters patents fubfcribed with their 
hands, and fealed with their great feals, in good, fuf- 
ficient, and effectual form, and /hall deliver the fame 
reciprocally within three months after the date of thefe 
prefents, or caufe them to be delivered, in good faith 
and reality, and with effect. 

Given at Copenhagen, the i2th day of July, 1670. 



The following Explanation of the Third Article of the 
Treaty of Alliance and Commerce, which was concluded 
in 1670, between their late Majejlies, Charles the 
Second, and Chriftian the Fifth, was made by a 
Convention, dated the +tb of July, 1780. 

LES deux Souverains contractants s'engagent reti- 
proquement, pour eux et pour leurs fuccefieurs, de ne 
point fournir aux ennemis de Tun ou de 1'autre, en terns 
de guerre, aucun fecours, ni foldats, ni vaifieaux, ni au- 
cuns des effets et marchandifes dites de contrebandei 
de defendre egalement a leurs Sujets de le faire; et de 
punir feverement, et comme des infracleurs de la paix, 
ceux qui oferoient contrevenir a leurs defenfes a cet 
egard. Mais, pour ne laiffer aucun doute fur ce qui 
doit etre entendu par le terme de contrebande, on eft 
convenu, qu'on n'entend fous cette denomination que 
Jes armes, tant a feu que d'autres fortes, avec leurs 
aiiornmens, comme canons, moufquets, mortiers, pe- 
tards,bombes, grenades, cercles-poifles, faucifles, affuts 
tourchettes, banderollieres, poudre, meches,-falpetre 
balles, piques, epees, n\orions, cuirafles, haUebardes' 

- H i ances ; 



9 g TREATIES [1435 

lances* javdines, chevaux, lelles de chcval, fourreaux 
de piflokts, baudriers, et gtncralement tous aucres af- 
fortimens fervant a 1'uiage de la guerre, de mcme que 
le bois de conftru&ijn, le goudron, ou puix refine, 
1$ cuivre en feuille, les voiles, chanvres et cordages, 
et generalement tout ce qui fert direftement a 1'cijuip- 
pement des vaifleaiix ; le fcr non ouvragc,et les planchet 
de fapin cependant excrptcs. 

Mais il eft expreflement declare, que, dans ce genre 
de marchandifes de contrebande, Ton ne comprend 
point le poiflbn et la viande frakhe ou falce, les fro- 
mens, farines, bleds ou autres grains, les legumes, 
1'buile, le vin, et generalement tout cc qui fcrt a la 
nourriture et fuftentation de la vie; et ainfi toutes ces 
chofes pourront toujours fe vendre ct tranlporter, 
comme les autres marchandifes, meme aux lieux tenus 
par un ennemi des deux Couronnes, pourvu qu'ils nc 
loient afliegcs ou bloques. 



The 



I73 1 -] WITH THE HANSE TOWNS. -99 



The HANSE TOWNS, 

THERE were various treaties between 
England and the Hanfe'TownSj from 
1435 to J 57^> when their peculiar privi- 
leges, within this kingdom, were entirely 
abrogated by Queen Elizabeth. 

Rym. Feed. vol. x. p. 627-57-666. 
vol. xi. p. 217-645-729-739- 
780-793. 

167^. The city of Hamburgh's inftrument, 
12 Jan. obliging itfelf to pay 35,000!. as compen- 
fation for the lofs of certain Englifh fhips 
in the river Elbe. 

Pap. Off. R.i. 

1706. The treaty of commerce with Dantzic. 
i Oft, Pap. Off. R. 4. 

Board of Trade, Q^ 14. 

1711. The convention with Hamburgh, about 
31 Jan, the herring trade. 

Pap. Of. R. 5, 

Board of Trade, O. 128. 

17 l,|. The convention with Hamburgh, about 
8 Feb the herring trade* 

Pap. Off. R. 6. 

Board of Trade, P. 165% 

1731. The convention with the city of Bremen, 
17 Oct. touching the commerce of herrings. 
Pap. Off. R. 7. 
Board of Trade,V . 88. 

H % {The 



ioo TREATIES [1435 

[The following treaty of commerce, between Great 
Britain and Dantzic, is printed from a copy in the 
book of treaties, belonging to the late Board of Trade.] 

'The Treaty of Commerce with Dantzic, dated |-j- Oc* 
tober> 1706. 

WHEREAS her Sacred Majefty Anne, by the 
grace of God, of Great Britain, France, and Ireland, 
Queen, Defender of the Faith, at the requeft of her 
fubjefts, merchants refiding in the city of Dantzic, 
moft gracioufly commanded the Excellent and Reve- 
rend Dr. John Robinfon, Doctor in Divinity, and 
Canon of the cathedral and metropolitical church of 
Chrift at Canterbury, her Ambaflador Extraordinary 
and Plenipotentiary, that he (hould confer with the 
moft Noble Magiftracy of the faid city, in order to 
the removing certain grievances in trade, whereby 
the Britifh merchants at Dantzic are opprefled ; and 
the Magiftracy aforefaid, being difpofed and inclined 
to all thofe things which may be grateful and ac- 
ceptable to her Majefty, and very much defiring 
that the Britifh merchants refiding at Dantzic, and 
thofe of Dantzic in Great Britain, may enjoy mu- 
tual advantages, hath named their deputies, the No- 
ble Lords M. Gabriel von Boemeln, Conful, and John 
Erneft von der Lindc, Conful and Syndic, to confer 
and treat upon that affair with the aforefaid Minifter 
and Plenipotentiary : Whereupon the faid Minifter 
and Deputies confented and agreed unto the follow- 
ing articles. 

I. As formerly and hitherto, fo alfo hereafter for 
the future, it fhall be lawful for the fubjefts of the 
kingdoms of Great Britain, to wit, England, Scot- 
land, and Ireland, as of a nation in amity, freely to 
dwell at Dantzic, as long as they will, without any 
moleftation, and exercife trade there ; that i> to fay, 
to import whatlbever merchandizes of other nations, 
which it is lawful by fea or land to bring from fo- 
reign 






.I73I-] WITH THE HANSE TOWNS. 101 

reign parts to Dantzic, and, having paid the due and 
ufuai cufloms, to keep them in cellars, warehoufes, 
and ftorehoufes, and thence fell them to the citizens 
of Dantzic j or if, perhaps, they cannot fell them, to 
export them again by fea, in what fhips they lhall 
think fit, having paid the duties at their going out, 
which the citizens themfelves do; as alfo buy all 
merchandizes whatfoever of the citizens of Dantzic, 
and tranfport them by fea to what foreign parts fo- 
ever they pleafe , neverthelefs always obiei ving the 
laws and ftatutes of the faid city refpectmg either 
commerce, or any other right or privilege what- 
foever. 

II. But as to herrings in particular, and ever)* kind 
of fait fifh, it (hall be lawful to keep thefe goods 
brought by Britifh fubjects, and to put them in cel- 
lars, warehoufes, and ftorehoufes, and have the fame 
privileges as the Dutch merchants dwelling in Dant- 
zic: yet fo, that they muft declare in the cufiom- 
houfe the faid merchandizes, as well as all others, ac- 
cording to the true confignment of the fame, as alfo 
commit them to the care and infpection of officers 
fworn to approve and examine the fame ; but they 
fhall not deliver any of the faid goods into the buy- 
ers hands, before they are expofcd by the officers 
upon the public bridge, and fubjected to their ap- 
probation and examination : In like manner alfo, the 
fubjects of Grear Britain fhall be allowed to export 
herrings and fait by fea, paying cuftom for the fame, 
provided they cannot fell them at Dantzic (fufpend- 
ing as heretofore, fo now, and as far as may be, with- 
out prejudice to the public good, the execution of 
an edict publifhed in the month of March, in the 
year 1687) ; but when it fh.all be necefiary to enforce 
the faid edict, and put it in execution, the fame lhall 
be previoufly notified to the Britifh merchants for 
the fix preceding fummer months. Moreover, be* 
caiife the aforefaid merchants ought not to enjoy i&e 
proper rights and privileges of the citizens in buying 
H 3 and 



ici V. TREATIES [143$ 

and felling, neither fhall the Britifh fubjects, who 
lodge with any citizen of Dantzic, and have no fa- 
mily of their own, be obliged to execute perlbnal of- 
fices and employments, as for example, to undertake 
the guardianfhip of others, the government of churches 
and hofpinls, or thofc of any other kind whatfoever; 
nor to pay the fubfidy that is impofed on the citizens 
and inhabitants, or any other burthens, befides the 
juft and ufual duties at coming in and going out, for 
their fhips and mei chandizes, as much, namely, .is 
fhali be paid by the citizens themfelves, either for 
their perfons or goods, and commodities whatfoever ; 
but others who have hired houfes and fixed habita- 
tions at Dantzic, and ufe and dwell in them, and have 
families of their own, they (hall hereafter pay and be 
fubject to all duties and impofitions, without mur- 
muring or refufal, which fhall be required not only 
from the citizens, but from all the inhabitants in 
general, an equality being always obfervrd, that they 
are not more burthened than the other inhabitants. 

III. Moreover, there fhall be entire liberty as well 
for the Britifh merchants themfelves, or if they have 
a family, as for the Britiih heirs of the dtceafed to 
change place, and remove from Dantzic all their 
goods and effects, whenever and wherefoever they 
fhall think fit ; and thofe of Dantzic, or any Dant- 
zic heirs of the deceafed, fhall alfo equally enjoy the 
fame right in ail things in the kingdom of Great 
Britain. 

IV. A .Britifh Ihip being driven by ftorm going 
into port and the river Weifiell, fhall pay nothing 
more th m the money to the pilots, and for clearing 
out the ballaft (commonly called Lotfs and Bagger 
Gild) j but with this difference, that a Ihip of grea* 
burthen lhall bear the fjid expences according to the 
proportion of lads which, for eafier entrance, fhe 
unloadeth into leffer vefiels. And a little fhip that 
unloadeth no goods, fhall pay at leaft half the money 

for 



J7JI.J WITH THE HANSE TOWNS. 103 

for clearing out ballaft (for hereafter a rate (hall be 
fettled of the payments to pilots, according to certain 
fleets of fhips) ; but if fuch fhip fhall be brought to 
the city or place appointed for repairing fhips, then 
it fhall pay all and fmgular the impofitions nfually 
demanded of fhips, the expences to be paid ' to offi- 
cers being within moderation, according to the pro- 
portion of the fhip ; though the goods, which in that 
cafe the fhip hath landed for its necefiaiy repair, and 
afterwards received back, fliall be free from any duty 
or impofition, and not like the reft of the loading. 

And if there lhall be occafion to fell any part of the 
goods for the laid reparations, or to buy provinons, 
the accuftomed duties foi this proportion of goods onty 
lhall be paid ; and it (hall not be lawful to take out 
any part of the goods, without leave firft obtained of 
the magiftrate. 

But as often as any fhip which fhall arrive from fo^ 
reign parts into the flation of the Dantzic ihips, and 
bound with her loading to another place, fhali unload 
any goods to be carried into the city ; or if any goods 
are to be carried on board any fhip arriving from fo- 
reign parts, and bound to another place, but not un- 
loading any goods ; in this cafe the whole cuftom mufl 
be paid for the fhip, that is to fay, as much as is re- 
quired in that cafe for the Dantzic Ihips themfelves ; 
but the other impofitions lhall be levied, as well upon 
view of the fhip as by reafon of the merchandizes, ac T 
cording to the proportion of lafts unloaded or impor- 
ted. But if fuch Ihip unloading any merchandize, has 
a mind to import into the city other goods in lieu of 
thofe unioaden, in that cafe the duties fhall be pro- 
portionably paid, according to the rate of the lafts 
which lhall remain imported. 

V. For as much as the Britifh merchants, defiring 
to provide for the payment of the cuftoms in a man- 
ner lefs troublefome, but not with lefs fafety, did ob- 
tain from the magiftrates of Dantzic, by the conclu^ 
H 4 (ion 



,04 TREATIES [1435 

fion of the States of the city of the 22d July, 1705, 
that inftead of the ufual money to be paid in the 
chamber (cuftom-houfe) perfonal fecurity fhould be 
admitted to be taken, whereby all and fmgiilar the 
merchants of the Britilh nation, refiding in Dantzic 
for the time being, were bound, and the faid States 
were pleafed again to prolong the fame method of fe- 
curity for another year ; it is therefore agreed, that the 
faid ufe of perfonal fecurity lhall remain to the end of 
the faid year, nor is it hereafter to be doubted that 
any thing fhall be changed therein, except it fhall be 
found by experience that the Britifh merchants abuft- 
that conceflion, and perform not their part, or that 
other weighty confiderations require it otherwife. 

VI. Whereas commerce and the credit of traders, 
which are mutually necefiary, ctnnot flourifh or lub- 
fift without a ready adminiftration of juftice, the rr.a- 
g'ftrate fhall therefore take care that regard be had 
to the Britifli merchants in all caufes, and to their juft 
defnes in this particular. And a Dantzic merchant 
being creditor in fpecie, fhall not arreft the perfon or 
goods of any Britifh merchant his debtor, who fhall 
be willing to give fufficient fecurity ; and by the like 
fufficient fecurity to be given, a citizen of Dantzic 
that is debtor, fhall be refponfible to a Britifh mer- 
chant that is creditor and fuitor. The citizens of Dant- 
zic fhall reciprocally enjoy die fame right in the king- 
doms of Great Britain, &c. 

VII. In caufes relating to trade carried on with fo- 
reigners, againft the rights of the city, the procefs 
againft Britilh merchants fhall be made in the fame 
manner and form of law as is ufual to proceed againft 
the citizens themfelves in the fentence of punifhment, 
according to the prefcription of the ftatute law hitherto 
conftanrly obfcrved, and in this cafe exaft equity fhall 
be obferved; nor fhall the magiftrate omit to take 
care as well to prevent the lengthening of fuits, as 
alfo to correct the other abufes, which by the ma- 
lice 



T73*-] WITH THE HANSE TOWNS. 105 

lice and obftinacy of the parties themfelves at law 
in this behalf may have broke in. 

VIII. If differences fhall happen to arife in civil 
caufes merely maritime, between the commanders of 
Britifli fhips and their feamen, that fhall require a 
quick difpatch, the plaintiff, upon the requeft of the 
adverfe party, {hall be referred to the minifter of Great 
Britain (if there be any upon the place), or to two 
Britifh merchants deputed for that purpofe, that the 
difpute may be well and juPcly made up. But if that 
cannot be, the magiitrate fliall plainly, and with-jut 
any expence cf time or charge, take care to determine 
the matter, that the faid feamen fhall not defert their 
mafter and fhip to whom they belong, except for tfie 
moft weighty reafons. 

IX. The Britifh merchants refiding at Dantzlc 
fhall have a minifter for the worfliip of God, who 
fhall perform divine fervice in a private houfe, and in 
the Britilh language, and fhall perform r.]ie other ofn- 
ces of his function for thofe of the Britilh 'nation. And 
the faid minifter, whether he hath a houfe and family 
of his own or not, fhall enjoy the fame freedom as 
the merchants. He fhall moreover enjoy, by the kind 
indulgence of the magiflrate, an exemption of excife 
of beer for the ufe of his houfe, and confumption of 
his own family. And the minifters of the reformed 
religion at Dantzic fhall hereafter be indulged in any 
fuch refpedful privilege. 

X. For preventing all abufes v/hatfoever in the 
meafure of fait or pit coals, all the tons by which they 
are meafured fhall be exactly adjufted, and a review 
of them, whether they are altered in any parr, fhall 
be yearly appointed ; and the coal infpeftor ihall be 
feverely prohibited hereafter from taking to himfelf 
any thing that Ihall accidentally fall upon the ground 
in unloading the coals out of the fhip or cart, or fhall 
be defignedly thrown out, but he fhall leave it to the 
true owner j and the meafurers of fait fhall be enjoined 

to 



JC 6 TREATIES [1435 

to make juft and equal meafure, and to accept reward 
from no perfon whatfoever, under the penalty of be- 
ing removed from their office. 

XI. And it (hall be lawful for the Britifh merchants, 
in carrying their merchandizes between the city and 
the ftation of the fhips, and vice verfa, to bring fmall 
boats (commonly called boardings and ballaft boats) 
for that puipofe, according to an order thereupon 
made; nor fhall greater fi eight be exacted of them 
for their goods than from the citizens thcmfclvcs : 
and moreover it fhall be lawful for the Britifh fub- 
jeifls who trade in Poland, to bring the goods bought 
there to Dantzic, to be fold to the citizens, and cany 
away thofe bought of the citizens, with the fame free- 
dom as the Poles have hitherto, and may do hereafter. 

XII. For as much as experience hath taught, that, 
under the name of tobacco imported from England 
and Holland, at the port of the city of Dantzic, an 
herb of the like fpecies is brought hither, though of 
very different goodnefs from it, and therefore of a 
quite diffeient and much cheaper price, that we are 
perplexed with exquifite and admitted frauds, ami by 
this means the revenue of cuftoms is prejudiced, and 
private buyers craftily deceived ; care fhall therefore 
be taken, that the remedies introduced for preventing 
thefe frauds may have their due efflft, and other pro- 
per means ufed to obviate them hereafter. 

For what remains j if any greater privileges, which 
any wife refpeft the perfons, fhips, or goods of fo- 
reigners at Dantzic, fhall be hereafter granted to any 
foreign nation, the Britifli fubjefts fhall in the like 
manner fully enjoy die fame for themfelves, their 
ihips, and commerce. 

But after the noble Magiflracy by their Deputies 
have propofed certain requeits, whereof the citizens 
and merchants of Dantzic moft humbly folicit her 
Serene and Potent Majefty of Great Britain's 
cpnceflion, the forementioned Minifter and Plenipo- 
tentiary 



WITH THE HANSE TOWNS. 107 

tentiaiy of her faid Majedy ufmg his good offices 
therein, and have earneilly moved that certain incon- 
veniences, .which have for fome time affefted the na- 
vigation ard c : .merce of the people of Dantzic, in 
the kingdom of Great Britain, may be kindly re- 
moved and abolilhed ; and therefore conferences hav- 
ing been likewife fet on foot upon this affair between 
the faid Plenipotentiary and the Deputies of the Ma- 
giftrates, all things being contidered, they thought tit 
to provide for the requefls and grievances of the citi- 
zens and merchants of Dantzic by the following ar- 
ticles. 

XIII. The citizens and inhabitants of Dantzic (hall 
enjoy in tjie kingdoms of Great Britain, the fame rigiits 
and liberties which they have hitherto obtained, and 
are now in ufe ; and it fhall be therefore free for them 
to come to, either by land or fea, all the dominions, 
towns, and places whatfoever of England, Scotland, 
and Ireland, and to enter into all ports with their 
fhips, merchandizes, and cargoes, freely and with all 
manner of fecurity, and to remain therein as long as 
they pleafe, without any hindrance, and to trade and 
deal by themfelves, or their factors and fervants, and 
to import at pleafure any merchandize of the product 
or manufacture of the territories of the faid city of 
Dantzic or Pruflia, or fuch as fhall be firft commonly 
brought from other parts to the port of Dantzic, to 
be tranfported thence by fea to other places and terri- 
tories, and in like manner to export merchandize of 
all forts ; on this condition, neverthelefs, that they 
pay and bear the cuftoms and all other impofitions 
that are equally to be paid and difcharged by all other 
foreigners refiding or trading there j and that they ob- 
ferve die laws, ftatutes, and cuftoms of this or that 
place where they fhall come, and conform themfelves 
thereto. But fo often as the mafters of Dantzic fhips 
buy fait or pit coals in fpecie (neo caftri) at Newcaf- 
de, or at any places of the kingdom of Scotland, they 
fhall not be obliged to pay, or be loaden with greater 

impofitions 



,o& TREATIES [1435 

impofitions and cofts, than other foreign nations doing 
the fame are obliged to pay. 

XIV. The (hips of Dantzic being duly furnifhed 
with authentic pafTports and certificates, by which the 
propriety of the.fliips and cargo may certainly appear, 
and that they neither carry Contraband goods, nor 
thofe of the enemy; they fhall not be flopped by Bri- 
tilh privateers in the Britifh feas, or ellewhere in their 
voyage, much lefs detained, vifited or taken, and car- 
ried into the ports of Great Britain : but if this dated 
and ufual form of certificate be not produced, or there 
be feme other juft and urgent ground of fuipicion, 
then the fhip may be vifited ; neverthelefs, this per- 
miffion is to be underftood in fuch cafe only, and not 
otherwife : and if any tiling (hall be done contrary to 
the true and genuine fcnfe and meaning of this arti- 
cle, a fevere penalty fhall be inflicted on the offend- 
ers, and ample fatisfaction fhall immediately be made, 
without any delay, to the paity injured, for his lols, 
damage, and expences. 

XV. As often as a fhip of Dantzic, laden with 
goods on the account of Britifh merchants, fhall ar- 
rive in any port of Great Britain, the Britifh mer- 
chants fhall take care that it be unladen as foon as 

be, and pay the Dantzic mafters of (hips the price of 
tranfportation or freight in ready money (and not in 
bills, but they lhall repay the charges, that is to fay,' 
the money paid to the pilots) according to contrad 
and agreement, for undertaking the voyage between 
the owners and mafters of the ihips. 

XVI. For as much alfo as complaints and differen- 
ces do often arife between the Britifh merchants and 
mafters of fhips, for pretended damage done to their 
goods, and compenfation thereof; wherefore, to obvi- 
ate fuch things for the future, left any tiling be al- 
lowed not agreeable to juftice and equity, it fhall 
not be lawful for Britifh merchants, upon view of 
certain pretended damage, to with-hold from the Dant- 
zic 



I73I-] WITH THE HANSE TOWNS. 109 

zic matters of {hips as much as they pleafe and de- 
fire, of the price of hire for freight due to them ; but 
a juft and exact account of the real damage {hall be 
taken, and the Dantzic mafters be obliged only to pay 
the true value thereof. 

XVII. As often as any Britifli merchant {hall po- 
fitively and effectually agree with a Dantzic matter of 
a {hip, being in the kingdom of Great Britain with 
his Ihip, for the carrying of goods, they ih all, bond 
fide, mutually perform and comply with fuch contract 
and agreement ; nor {hall it be lawful for the mer- 
chant, by preferring other {hips, though Britifli, to 
detain the Dantzic fliip beyond the appointed time. 
In like manner alfo, the Briti{h mafters of {hips, as 
often as they cut the cable, fhall be obliged to make 
good the lofs accruing thereby to the Dantzic maf- 
ters of {hips who were not in fault, not only by pay- 
ing one Englifli {hilling, but the true and juft price 
thereof! 

And, as all and fingular the premifes contained in 
the foregoing articles are agreed and confented unto ; 
fo, after the approbation and ratification thereof by 
the moft Serene and Potent Queen of Great Britain 
{hall come and be exchanged with the ratification in, 
like manner to be delivered by the Noble Magiftracy 
of Dantzic, they fhall conftantly and inviolably be ob- 
ferved in all and every the points and claufes thereoE 

In teftimony and greater confirmation whereof, the 
Minifter and Plenipotentiary of the moft Serene 
and Potent Queen of Great Britain, as well as 
the Deputies of the Noble Magiftracy of Dant- 
zic, have fubfcribed and ratified thefe articles with 
their hands and feals. Done at Dantzic the ^ 
day of October, in the year 1706. 

7. Robinfon, (L. S.) Gabriel von Boemeln, (L. S.) 
Jo. Ernejl von d$r Linde, (L. S.) 



[The 



IIO TREATIES [1435 

[The following is printed from the copy which was 

publilhed by authority in 1717.] 

HAMBOURG. 

IN the Convention which was made in the year 
1609, between the States of the province of Hol- 
land and this city, it is laid down as a certain princi- 
ple, that Herrings caught before Midfummcr-day 
cannot be at their maturity; and therefore thofe 
States and this city agreed, that no Herrings caught 
before that day fhould be brought in and fold here. 
But Mr. Wich, Refident of the King of Great Bri- 
tain, having infifted with the Senate that his Majef- 
ty's fubjects might be allowed to bring Herrings here 
as foon as they can; the Senate came to a refolution 
thereupon, which was entered in their Protocol the 
3d of April, 1716, and a copy of it, figned by their 
Secretary, was delivered to the faid Britilh Refident, 
being as follows. 

Extract from the Protocol of the Senate e/Hambourg, 
the ^d of April, 1716. 

Refolved to depute the Syndic, M. Sillem, and 
M. van Sam, to communicate to the Refident of his 
Britannic Majefty, an authentic copy of the treaty 
made with the States of Holland ; and to reprefent 
to him, that he will fee by it, how it has always been 
laid down for an unalterable principle, that no Her- 
ring can come to its maturity before Midfummer- 
day ; for which reafon the Senate cannot take upon 
them to change the eftablifhed rule. However, the 
Senate does hereby give afifurance to the Refident, 
that if the fubjects ot his Britannic Majefty can give 
proof that there is no true ground for this principle 
which has obtained, and will bring hither before 
Midfummer-day Herrings in maturity, then the Se- 
nate will not make any difficulty to let them be im- 
ported. Nicb. Luke Scbafsbaufen, Secretary. 

This permiflion was confirmed by the Senate, under 
the privy feal of the city, on the jd of July, 1716. 

6 [The 



I73I-] WITH THE HANSE TOWNS. in 

[The following Convention is printed from the ori- 
ginal.] 

Convention renouvellee et amplijiee, entre Sa Majefte 
Britannique et la Ville ^'Hambourg, toucbant le 
Commerce des Harengs. Fevrier 8"% 1719. 

A S AVOIR qu'entre le fereniffime et tres-puifiant 
Prince et Seigneur, George, Roi de la Grande Bretagne, 
&c. par fon Miniftre Refident, Monfieur Cyrille de 
Wich, d'un cote ; et la Louable Republique d'Ham- 
bonrg, par les Deputes de fon Honorable Senat, les 
Sieurs Jean Anderfon, Syndic, Pierre Burmcfter, et 
Henry Dieteric Wiefe, Senateurs, de 1'autre cotej en 
vertu de leurs Pouvoirs et Commifllons, la Convention 
de 1'annee 1711 a etc renouvellee, expliquee et am- 
plifiee dans les fuivans Articles, pour fervir de Regle- 
ment conftant au libre Commerce du Hareng qui fe 
peche par les Sujets de Sa Majefte Britannique fur les 
cotes de fes Royaumes. 

I. La Ville d'Hambourg accorde la permiflion, 
que le Hareng qui fe peche fur les cotes de la Grande 
Bretagne foit apporte librement a ladite Ville, en 
payant les memes droits d'entree qui fe payent ordi- 
nairement pour le Hareng Flamand ou Hollandois. 

II. Ce Hareng, des fon arrivee, fera tout mis dans 
le magazin, ou les magazins qu'on jugera les plus con- 
venables et propres pour y etre garde, moyennant que 
les proprietaires en payent un loyer raifonnable par 
tonneau, felon qu'ils en pourront convenir avec le 
maitre du magazin. 

III. Ce Hareng fera ouvert dans la cour du ma- 
gazin, de la meme maniere que celui de Hollande, a 
la vue de tous ceux qui voudront y etre prefens; la 
faumure en fera tiree ; et apres que le vuide des ton- 
neaux fera rempli de bons poifibns, la faumure y fera 
remife, le poiffon reftant toujours dans fon premier 
tonneau, fans etre rempacquete d'un tonneau a 1'aucre. 
De plus, U fera taxe, et on mettra, felon fa qualite, 
U marque et le cercle conyenables fur le tonds et au 

milieu 



ii2 TREATIES [1435 

milieu de chaque tonncau > et pour faire voir que ce 
n'eft pas du Hareng p'lamand ou Hollandois, mais 
celui de la Grande Bretagne, on fera brulcr au fond de 
chaque tonneau un B couronne. 

IV. Pour cette fin le Senat s'oblige de choifir ct 
conftituer deux taxadeurs, ordinairement dits Wra~ 
quers, et deux empacqueteurs; et afin qu'on ne les 
puiffc pas foupc,onner de partialite, ils n'auront aucune 
dependance ni communaute avec les Scbonenfabrer s : 
Et ces dits Wraquers et empacqueteurs feront un fer- 
ment folemnel, confurme au fens dc cet Article, de- 
vant 1'Honorable Senat, lequel ferment leur fera rci- 
tere tous les ans, au commencement de Juin, par les 
Deputes du Senat. 

V. Si les proprietaires, ou leurs commiffionnaires, 
viennent en perfonne avec leur Hareng, ils auront la 
liberte de le vendre indirTcremment aux bourgeois ou 
habitans de la Ville, a qui ils voudront: mais fi, dans 
1'efpace de huit jours, ils ne le pourroient dcbiter a 
ceux-ci, il leur fera permis dc le vendre a quiconque 
ils voudront, ou meme de 1'envoyer hors de la Ville, a 
tel endroit qu'ils jugeront convenablc. 

VI. Quand les proprietaires voudront envoycr leur 
Hareng a des commiffionnaires, pour le de biter, ils fe- 
ront tenus de choifir leur ccmmiflionnaire, ou d'entrc 
la Louable Socicte Anglicane, rcfidante dans la Ville, 
ou d'entre les bourgeois, qui, alors, le pourront ven- 
dre a quiconque leur plaira, ou 1'envoyer hors de la 
Ville, ou bon leur femblera. 

VII. Outre ce dont on eft deja convenu ^i-deflfus, 
les Sujets de Sa Majefte Britannique jouiront toujours 
des memes privileges et avantages dans ce Commerce 
des Harengs, qui font deja accordes, ou qui pour- 
roient a 1'avenir etre accordcs, aux Sujets de Leurs 
Hautes Puiffances, Mcffieurs les Etats Gcneraux des 
1 rovmces-Unies. 

VIII. De meme, il eft permis aux Sujets de Sa Ma- 
jeite Britannique d'apportcr a Hambourg dcs' Sau- 

mons. 



WITH THE HANSE TOWNS. 113 

mons, Merlus, Morues, et toute autre forte de poi{Ibn a 
foit feches ou fumes, en barriques ou fales; bien en- 
tendu qu'ils payent, comme de coutume, le droit 
d'entree on gabelle modique: de la meme maniere 
il eft referve aux habitans et bourgeois d'Hambourg, 
de negocier, -felon leur ancienne coutume, aux Pro- 
vinces des Royaumes Britanniques, d'y mener des 
marchandifes, et de les troquer ou changer centre ces 
fortes de Poiflbns et d'autres denrees. 

En foi de quoi, et en vertu des Ordres et Plein-pou- 
voirs, que nous fufdits, le Miniftre de la Grande 
Bretagne, et les Deputes d'Hambourg, avons 
re(ju de Sa Majefte le Roi de la Grande Bretagne, 
d'une part, et de PHonorable Senat, de 1'autre, 
nous avons figne la prefente Convention renou- 
vellee, et y avons fait appofer les fceaux de nos 
armes. Fait aHambourg, ce 8 Fevrier 1719. 
(L.S.) CynllWuh. 

(L. S.) Johann. Anderjon^ Synclicus. 
(L. S.) Petrus Burmefter, RofTman. 
(L. S.) Henricus Ditericus Wiefe, Senateur. 



[The following Convention with the city of Bre- 
men is printed from a copy in the books of the Board 
ofTrade, V. 8.] 

Convention conclue entre Sa Majefte Britannique et la 
yillede Bremen, touch ant le Commerce des Harengs, 



S O I T notoire a tous ceux qui y ont interet, qu'en- 
tre le fereniflime et tres-puifTant Prince et Seigneur 
George II. Roi de la Grande Bretagne, &c. &c. par 
fon Envoye Extraordinaire le Chevalier, Baronet Cyrill 
Wich,d'un cote j et la Louable Republique de Bremen, 
par les Deputes de fon Honorable Senat, les Sieurs 
Chriftian Schone, et Gafpar a Rheden, Dodleurs en 
Droit, de 1'autre cote; en vertu de leurs Pouvoirs et 
Commiflions -, il a etc conclu et arrete les Articles 

VOL. I. I faivans, 



II4 TREATIES [1435 

fuivans, pour fervir de Reglement conftant au libre 
Commerce du Harcng qui fc peche par les Sujets 
de Sa Majefte Britannique fur les cotes de fes Roy- 
aumes. 

L La Ville de Bremen accorde la permiflion que le 
Hareng qui fe peche fur les cotes de la Grande Bre- 
tagne, avant ou apres le 24' de Juin N. St. Ibit ap- 
porte librement a ladite Ville, en payant les memes 
dioits d'entree qui fe payent ordinairement pour le 
Hareng Flamand ou Hollandois, fans qu'ils ayent 
befoin de produire aucun certificat fermentc touchant 
le terns que ce Hareng ait etc peche ou pris. 

II. Ce Hareng, des fon arrivce, fera tout mis dans 
le magazin ou les magazins qu'on jugera les plus 
convenables et propres pour y etre garde, moyennant 
que les proprietaires en payent un loyer raifonnable 
par tonneau, felon qu'ils en pourront convenir avec 
le maitre du magazin. 

III. Ce Hareng fera ouvert dans la cour du ma- 
gazin, a la vue de tous ceux qui voudront y etre pre- 
Jens; la faumure en fera tirce; ct apres que le vuide 
des tonneaux fera rempli de bons poiflbns, la fau- 
mure y fera remife, le poiflbn reftant toujours dans fon 
premier tonneau, fans etre rempacquete d'un tonneau 
a Tautre. De plus, il fera taxe ; et on mettra, felon 
fa qualite, la marque et le cercle convenables fur le 
fonds et au milieu dc chaque tonneau : et pour faire 
voir que c'eft du Hareng de la Grande Bretagne, on 
fera bruler au fond de chaque tonneau un B. couronne, 
auffi bien que 1'an de la peche de ce Hareng. 

IV. Pour cette fin, le Senat s'oblige de choifir et 
conftituer deux taxadeurs, ordinairement dits Wraquers 
et deux empacqueteursj et afin qu'on ne les puiflc 
pas foup^onner de partialite, ils feront un ferment 
folemnel devant 1'Honorable Senat, de taxcr les Ha- 
rengs Britanniques felon leur bontc et exacle valcur, 
et de les empacqueter avec tout le fjin imaginable ; 
lequel ferment, conforme au fens de cet Article, leur 

fcr 



t73i.] WITH THE riANSE tOWNS. 115 

fera reitere tons les ans, au commencement de Juin, 
par les Deputes du Senat. 

V. Si les proprietaires3 oil leiirs commifTionnairesj 
viennent en perfonrre a Bremen avec leur Hareng, ils 
auront la liberte de le vendre indirreremment aux bour- 
geois ou habitans de la Ville, a qui ils voudront: 
mais fi, dans 1'efpace de huit jours, ils ne pourroient 
debiter leurs Harengs a ceux-cij il leur fera permis 
de les vendre a quiconque ils voudront, cu meme de 
1'envoyer hors de la Ville, a Eel endroit qu'ils juge- 
ront convenable. 

VI. Quand ' les proprietaires voudront erivoyer 
leurs Harengs a des commifllonnaires, pour les debiter, 
ils feront tenus de choifir pour comrhiflionnaire un 
Marchand Britannique, demeurant a Bremen, ou 
quelque bourgeois de la Ville^ qui alors le pourront 
vendre ,011 1'envoyer hors de la Ville, ou bon leur fem- 
blera, felon le fens de I'Article precedent. 

VII. Outre ce dont on eft deja convenu ci-derTus^ 
les Sujets de Sa Majefte Britannique jouiront toujours 
des memes privileges et avantages dans ce trafic des 
Harengs, et tous autres commerces fans exception, 
qui font deja accordes, ou qui pourroient a 1'avenir 
etre accordes, aux Sujets d'aucune Puiflance la plus 
favorifee. 

VIIL De meme, il eft permis aux Sujets- de Sa 
Majefte Britannique d'apporter a Bremen des Sau- 
mons, Merlus, Monies, et toute autre forte de poif- 
fons, foit feches ou fumeSj en barriques oli fales ; bien 
entendu qu'ils payent le droit d'entree, ou la gabelle 
modique. 

De la meme maniere, il eft referve aux habitans et 
bourgeois de Bremen de negocier, felon leur ancienne 
coutume, aux Provinces des Royaumes Britanniques, 
d'y mener des marchandifes, et de troquer ou changgr 
contre ces fortes de poiffons et d'autres denrees. 

I a IX, Tout 



lit TREATIES [1701 

IX. Tout ce qui eft contenu dans les precedens 
Articles, fera confirme et ratifie par Sa Majefte Bri- 
tannique et le Senat de Bremen, dans les formes au- 
thentiques et ufitees, dans 1'efpace de fix femaines, oil 
plutot, fi faire fe peut; et les inftrumens feront cchanges 
dans le terme fufmentionne. 

En foi de quoi, et en vertu des Ordres et Plein-pou- 
voirs que nous fufdits, 1'Envoye Extraordinaire 
de la Grande Bretagne, et les Deputes de Bre- 
men, avons re$us de Sa Majeftc le Roi de la 
Grande Bretagne, d'ane part, et THonorable 
Senat, de 1'autre, nous avons fignc la prefente 
Convention, et y avons fait appofer les fceaux de 
nos armes. Fait a Bremen, ce 17' d'Oftobre 



(L. S.) CyriU Web. 

(L. S.) Chretien Scbone D. 

(L.S.) Gaff.lRbeden. 



PRUSSIA, 



1788.] WITH PRUSSIA. 117 



PRUSSIA. 



1701. t AHE treaty of alliance between Great 
30 Dec. X Britain, Pruflia, and the States Ge- 
neral, concluded at the Hague. 

Pap. Off. I. 14, 

RouJJefs Suppl. Corps Diplom. torn, 
ii. part 2. p. 12. 

1702. The treaty of alliance between Great 
v Jan. Britain and Pruflia, with the feparate arti- 
cle, concluded at London. 

Pap. Off. I. 15. 

1701. The King of Pruflia's acceflion to the 
1 8 Feb. grand alliance between the Emperor, Great 
Britain, and the States General. 
Pap. Off. I. 16. 

1719. The treaty between Great Britain and 
4 Aug. Pruflia, with the feparate and fecret article, 
concluded at Berlin. 

Pap. Off. I. 26. 

1723. The treaty between Great Britain and 
10 Oc~t Pruflia, with the feparate and fecret articles, 
concluded at Charlottenburg. 
Pap. Off. I, 27. 

1 7 25. The treaty between Great Britain, Pruflia, 
3 Sept. and France, with the feparate and fecret 
articles, concluded at Hanover. 
Pap. Off. I. 29. 
Treaf. 1732, vol. iv. p. 146. 
Treat. 1785, vol. ii, p. 274, 

I 3 5742. 



U 8 TREATIES [1701 

1742. The treaty of defcnfive alliance between 
j8 Nov. Great Britain and Pruflia, with the feparate 
and fecret article, concluded at Weftmin- 
fter. Pap. Of. I. 32, 

1745. The preliminary articles between Great 

\l Aug. Britain and Pruffia, to ferve as a bafis for .1 

tieaty of peace between the King of Pruf- 

fia, the Queen of Hungary, and the King 

of Poland. 

Pap. Off. I. 37, 38. 

1756, The fevcral conventions between Great 

to Britain and Prufiia. 

1760. Pap. Off. I. 39, 40, 41, 42,43, 44? 

'Treat. 1785, vol. iii. p. 54 70. 

1788. The treaty of defenfive alliance, between 
13 Aug. Great Britain and Pruffia, concluded at 
Berlin. 

[The following is printed from the copy, which was 
publifhcd by authority.] 

The Treaty of Lefenfrve Alliance between bis Majefly 
the King of Great Britain, and bis Majefty the King 
of Pruffia. 

T HF I R Majefties the King of Great Britain, and 
the King of Prufiia, being animated with a fincere 
ar.d equal defire to improve and confolidate the ftrict 
uni n and friendfliip, which having been tranfmitted to 
them by their anccftors, fo happily fubfift between 
them, and to concei t the moft proper meafures for 
lecunng their mutual interefts, and the general tran- 
quillity ,,r' Lu; (^pe,have refolved to renew and ilrength- 
en thefe ties by a treaty of defenfive alliance; and 
they have authorized, for this purpofe (to wit) his 
Majefty the King of Great Britain, die Sieur Jofeph 

Ewart, 



1788.] WITH PRUSSIA. 115 

Ewart, his Envoy Extraordinary at the Court of Ber- 
lin; and his Majefty the King of Prufila, the Sieur 
Ewald Frederick, Count de Hertzberg, his Minifter of 
State, and of the Cabinet, Knight of the Order of the 
Black Eagle: who, after reciprocally communicating 
their full powers to each other, have agreed upon the 
following articles: 

I. There (hall be a perpetual, firm, and unalterable 
friendfhip, defenfive alliance, and ftrict and inviolable 
union, together with an intimate and perfect harmony 
and correfpondence between the faid moft Serene 
Kings of Great Britain and Prufiia, their heirs and 
fuccefibrs, and their refpective kingdoms, domi- 
nions, provinces, countries, and fubjects, which lhall 
be carefully maintained and cultivated, fo that the 
contracting powers fhall constantly employ, as well 
their utmoft attention, as all thofe means which Pro- 
vidence has put in their power, for preferving at the 
fame time the public tranquillity and fecurity, for 
maintaining their common interefts, and for their mu- 
tual defence and guaranty againft every hoftile attack ; 
the whole in conformity to the treaties already fub- 
fifling between the high- contracting parties, which fhall 
remain in full force and vigour, and fhalj be deemed 
to be renewed by the prefent treaty, as far as the fame 
lhall not be derogated from, with their own confent, 
by pofterior treaties, or by die prefent treaty. 

II. In confequence of the engagement contracted 
by the preceding article, the two high contracting 
parties fhall always act in concert for the maintenance 
of peace and tranquillity ; and in cafe either of them 
fhould be threatened with a hoftile attack by any power 
whatever, the other fhall employ his moft efficacious 
good offices for preventing hoftilities, for procuring 
fatisfaction to the injured party, and for effecting an 
accommodation in a conciliatory manner. 

III. But if thofe good offices fhould not have the 
defired effect, in the fpace of two months, and either 

'I 4 f 



izo TREATIES [1701 

of the two high contracting parties fhould be hoftilely 
attacked, molefted, or difturbed in any of his domi- 
nions, rights, pofleflions, or interefts, or in any manner 
whatever, by fea or land, by any European power, the 
other contracting party engages to fuccour his ally 
without delay, in order to maintain each other reci- 
procally in the pofleflion of all the dominions, terri- 
tories, towns, and places, which belonged to them 
before the commencement of fuch hoftilities: for 
which end, if his Prufiian Majefty fhould happen to 
be attacked, his Majefty the King of Great Britain 
fhall furnifli to his Majefty the King of Pruflia a fuc- 
cour of fixteen thoufand infantry, and four thoufand 
cavalry ; and if his Britannic Majefty fhould happen 
to be attacked, his Majefty the King of Pruflia fhall 
likewife furniih to him a fuccour of fixteen thoufand 
infantry, and four thoufand cavalry; which refpective 
fuccours lhall be furnifhed in the Ipace of two months 
after requifition made by the party attacked, and (hall 
remain at his difpofal during the whole continuance of 
the war in which he fhall be engaged. Thefe fuccours 
(hall be paid and maintained by the required power, 
wherever his ally fhall employ them; but the requiring 
party lhall fupply them, in his dominions, with fuch 
bread and forage as may be neceflary, upon the foot- 
ing to which his own troops are accuftomed. 

It is neverthelefs agreed between the high contract- 
ing parties, that if his Britannic Majefty fhould be 
in the cafe of receiving the fuccour in troops from his 
Prufiian Majefty, his Britannic Majefty fhall not em- 
ploy them out of Europe, nor even in the garrifon of 
Gibraltar, 

If the injured and requiring party fhould prefer 
fuccours in money to land forces, he fhall have his 
choice : and in cafe of the two high contracting parties 
furnifhing to each other the ftipulated fuccours in 
money, fuch fuccours fhall be computed at one hun- 
dred thoufand florins, Dutch currency, per annum, for 
one thoufand infantry, and at one hundred and twenty 

thoufand 



1788.] WITH PRUSSIA. 121 

thoufand florins, of the like value, for one thoufand 
cavalry, per anYium, or in the fame proportion by the 
month. 

IV. In cafe the ftipulated fuccours Ihould not be 
fufficient for the defence of the requiring power, the 
required power (hall augment them, according to the 
exigency of the cafe, and fhall aflift the former with 
his whole force, if circumftances lhall render it necef- 
fary. 

V. The high contracting parties hereby renew, in 
the moft exprefs terms, the provifional treaty of defen- 
five alliance which they concluded at Loo, on the ijth 
of June in the prefent year, and they again engage and 
promife to a<5t, at all times, in concert, and with mu- 
tual confidence, for maintaining the fecurity, inde- 
pendance, and government of the republic of the 
United Provinces, conformably to the engagements 
which they have lately contracted with the faid repub- 
lic; that is to fay, his Britannic Majefty, by a treaty 
concluded at the Hague, on the i5th of April, 1788, 
and his PruiTian Majefty, by a treaty figned the fame 
day at Berlin, which the faid high contracting parties 
have communicated to each other. 

And if it fhall happen that, by virtue of the ftipu- 
lations of the faid treaties, the high contracting parties 
fhould be obliged to augment the fuccours to be given 
to the States General, above the numbers fpecified in 
the faid treaties, or to aflift them with their whole 
force, the faid high contracting parties will concert 
together upon all that may be neceflary relative to fuch 
augmentation of fuccours to be agreed on, and to the 
employment of their refpe&ive forces for the fecurity 
and defence of the faid republic. 

In cafe either of the faid high contracting parties 
ihould happen, at any time hereafter, to be attacked, 
molefted, or difturbed, in any of his dominions, rights, 
pofleflions, or interefts, in any manner whatever, by 
i'ea or by land, by any other power, in confequence 

and 



124 TREATIES [1578 

and in hatred of the articles or ftipulations contained 
in the faid treaties, or of the meafures to be taken by 
the faid contracting parties refpeclively, in virtue of 
thcfe treaties, the other contracting party engages to 
fuccour and affift him againft fuch attack, in the fame 
manner, and by the fame fuccours as are ftipulated in 
the third and fourth articles of the prcfcnt treaty; and 
the faid contracting parties promife, in all fimilar cafes, 
to maintain and guaranty each other in the poflefTion 
of all the dominions, towns, and places, which be- 
longed to them refpectively before the commencement 
of fuch hoftilities. 

VI. The prefent treaty of defenfive alliance fliall 
be ratified by eacu party, and the ratifications fhall be 
exchanged in the fpace of fix weeks, or fooner, if it 
can be done. 

In witnefs whereof, we the underwritten, being au- 
thorized by the full powers of their Majefties the 
Kings of Great Britain and of Pruflia, have in their 
names figned the prefent treaty, and have thereto fet 
the fcals of our arms. 

Done at Berlin, the thirteenth of Auguft, in the 
year of our Lord one thoufand feven hundred and 
eighty-eight. 

(L. S.) Jofepb Eivart. (L. S.) Ewald Frederic, 

Comte de Hertzberg. 



The 



1788.] WITH THI STATES GENERAL. 123 



The STATES GENERAL. 

1578. 'Tp H E treaty of alliance between Queen 
7 Jan, JL Elizabeth and the States General 

trait de Paix> torn. ii. p. 391. 

treat. 1732^0!, ii. p. 81. 

1585. The treaty between the fame parties, con- 
loAug. eluded at Nonfuch. 

trait de Paix, torn. ii. p. 512. 
treat. 1732, vol. ii, p. 83. 

1598. The treaty and renewment of alliance be- 

1 6 Aug. tween Queen Elizabeth and the States Ge- 

neral, concluded at Weftminfter. 

Rym. Feed. vol. xvi. p. 340. 
treat. 1732, vol. ii. p. 1 20. 
trait de Paix, torn. ii. p. 631. 

1608. The defenfive and commercial treaty be- 
27 June, tween King James and the States General. 
Pap. Of. D. i. 
Rym. Feed. vol. xvi. p. 687. 

1624. The treaty for continuing the defenfive 
5 June, league between King James and the States 

General, in 1608, concluded at London. 
Pap. Off. D. 3. 
treat. 1732, vol. ii. p. 226. 
trait de Paix, torn. iii. p. 213. 

1625. The treaty of alliance offenfive and defen- 

17 Sept, five, between Charles I. King of Great Bri- 

tain and the States General, concluded at 

Southampton. 

Pap. Off. D. 4- 

treat. 1732, vol. ii. p. 248. 

trait de Paix, torn. iiL p. 23 1<. 

6 1654. 



I24 TREATIES [157* 

1 654. The treaty of peace and union between Oli- 
5 April, ver Cromwell and the States General, con- 
cluded at Weftminfter. 

Pap. Of.D.%. 
Treat. 1732, vol. iii. p. 67. 
Treat. 1785, vol. i. p. 44. 
Trait de Paix, torn. iii. p. 647. 

166 1. The convention for the regulation of the 
1 1 Apr. pods between England and die United Pro- 
vinces, concluded at London. 

Treat. 1732, vol. iii. p. 234. 
Treat. 1785, vol. i. p. 159, 

1 667. The articles of peace and alliance between 
4! July. King Charles II. and the United Nether- 
lands, concluded at Bredah. 

1668. The triple league between Great Britain, 
23 Jan. the States General, and Sweden, concluded 

at the Hague. 

Pap. Off. D. 13. 

Trtat. 1732, vol. i. p. 136. 

1 66 . The treaty of commerce betwixt Great 
17 Feb. Britain and Holland, concluded at the Hague. 
Pap. Off.D. 14. 
Treat. 1732, vol. i, p. 146. 
Treat. 1785, vol. i. p. 190. 

1668. The treaty between Great Britain, France, 
1 5 Apr. and Holland, for procuring a peace between 
France and Spain, concluded at St, Germain 
en leye. 

Treat. 1732, vol. i. p. 152. 
Treat. 1785, vol. i. p. 193. 

1 6 7|. The treaty of peace between Great Britain 
, T V Feb. and Holland, concluded at Weftminiler. 
Pap. Off. D. 17. 
Treat. 1732, vol. iii. p. 275. 

1674. 



1788.] WITH THE STATES GENERAL. 115 

1674. The marine treaty between Great Britain 
i Dec. and Holland, concluded at London. 

Pap. OfD. 1 8. 

1675. The articles between King Charles II. and 
$ Mar. the States General, for preventing difputes 

between the Englifh and Dutch Eaft India 
Companies. 

Pap.O/.D. 21. 

1678. The treaty of a defenfive alliance between 
44 Jan. Great Britain and the States General, with 
the feparate articles, concluded at the Hague. 
Pap. Off. D. 24. 
Treat. 1732, vol. i. p. 177. 
Treat. 1785, vol. i. p. 211. 

1678. The treaty of defenfive alliance between 
3 Mar. Great Britain and the States General, con- 
cluded at Weftminfter. 

Pap. Off. D. 26. 

Treat. 1732, vol. i. p. 183. 

1678. The treaty of alliance between Great Bri- 
44 July, tain and the States General, concluded at 
the Hague. 

Pap. Off. D. 28. 

Treat. 1732, vol. i. p. 188. 

1689. The grand alliance between Great Bn- 
12 May. tain, the Emperor, and the States General, 
20 Dec. concluded at Vienna. 

Pap. Off. D. 30. 

Treat. 1732, vol. i. p. 275. 

1689. The treaty of alliance between England 
24 Aug. and Holland, concluded at Whitehall. 
Pap. Off. 32. 
Treat. 1732, vol. i. p. 287. 

1690 



, 2 6 TREATIES 

1690. The treaty between Great Britain, Hol- 
20 Oft. Ian J, and Savoy, with the fecret article, con- 
cluded at the Hague. 

Treat. 1732, vol. Hi. p. 334. 
Treat. 1785, vol. i. p. 286. 

1698. The convention between Great Britain, 
jtj- May. Sweden, and the States General, for a de- 
fenfive league, concluded at the Hague. 
Pap. Of. D. 36. 
Treat. 1732, vol. Hi. p. 344. 

1698. The firft treaty of partition in favour of 
1 1 Oft. the Eleftoral Prince of Bavaria, made be- 
twixt Great Britain, France, and the States 
General, concluded at the Hague. 
Pap. Off. 38. 

Treat. 1732, vol. i. p. 386. 
Treat. 1785, vol. i. p. 305. 

1700. The treaty of alliance between Great Bri- 
^ Jan. tain, Sweden, and the States General, ufu- 

ally called The Second Partition Treaty, 
with the fecret and feparate articles, con- 
cluded at the Hague. 

Pap. Off. 39. 

Treat. 17 32, vol. in. p. 347. 

Treat. 1785, vol. i. p. 313. 

1701. The treaty of alliance between Great Bri- 
20 Jan. tain, Denmark, and the States General, 

concluded at Odenfee. 

Treat. 1785, vol. i. p. 331. 

1709. The treaty between Great Britain and the 
29 Oft. States General, for fecuring the fuccefiion 
to the crown of Great Britain, and for fet- 
tling a barrier to the States General, with 
the feparate articles, concluded at the 
Hague. 

Pap. Off. 50. 

Treat. 1785, vol. i. p. 354. 

17 1> 



1788.] WITH THE STATES GENERAL. 127 

1713. The treaty of guaranty for the Proteftant 
2 9 Jan. fucceflion to the crown of Great Britain, 
:TT~ and for the barrier of the States General, 
eD * concluded at Utrecht. 

Pap. Of. D. 55. 

Treat. 1785, vol. i. p. 364. 

1716. The treaty between Great Britain and the 
6 Feb. States General, for renewal of former alli- 
ances and conventions. 

Pap. Of. D. 58. 

1717. The treaty of alliance between Great Bri- 
4 Jan. tain, France, and the States General, for the 

guaranty of the treaties of Utrecht. 
Pap. Off. D. 59. 
Rouffet's Recueil Hiftorique, torn. i. 

p. 89. 
Treat. 1785, vol. ii. p. 185. 

1718. The treaty ufually called The Quadruple 
22 July. Alliance, between Great Britain, France, and 

7 the States General, concluded at London. 

Rou/et's Recueil Hiftorique, torn. i. 

p. 1 80. 
Treat. 1785, vol. ii. p. 199. 

1718. The convention between the Emperor, 
12 Dec. Great Britain, and the States General, for 
executing certain articles cf the barrier trea- 
ty, figned at the Hague. 

Pap. Off. D. 61. 

Roujjet's Recueil Hiftorique> torn, i, 

p. 400. 
Treat. 1785, vol. ii. p. 228. 

1726. The acceflion of the States General to 
9 Aug. the treaty of Hanover, 1725. 
Pap. Off. D. 64. 
Roujet's Recueil Hiftorique, tern. 

iii. p. 1 66. 
Treat. 1785, vol. ii. p. 281. 

3731. 



128 



TREATIES 



[1578 



1731. The treaty of peace and alliance between 
16 Mar. the Emperor, Great Britain, and the States 
General, concluded at Vienna. 
Pap. Of. D. 72. 
Rou/et'sRecueilHiJloriqufy vol. vi. 

P- '3- 
Rou/rfs Suppl. au Corps Diploma- 

tiquc, torn. ii. part 2, p. 288. 
Treat. 1785, vol. ii. p. 318. 

174?. The treaty of peace between Great Bri- 
18 Oft. tain, France, and the States General, con- 
% eluded at Aix-la-Chapelle. 
Pap. Of. D. 88. 
'treat. 1785, vol. ii. p. 370. 
See this Treaty^ vol. i. Table of 
Contents, art. FRANCE. 

1784. The treaty of peace between Great Bri- 
20 May. tain and the States General, concluded at 
Paris. Treat. 1785, vol. iii. p. 427. 

1788. The treaty of defenfive alliance between 
15 Apr. Great Britain and the States General, con- 
cluded at the Hague. 

An Agreement and Contention, fcr the Regulation and 
Jpeedy Difpatcb of the Pofts, betwixt England and 
the United Provinces. At London, April i r, 
1 66 1. 

Articles drawn up and agreed to between his Excel- 
lency Simon van Hoorn, Ambaflador of the High 
and Mighty Lords the States General of the Uni- 
ted Provinces of the Netherlands, in the name and 
by order, of the venerable Loixls the Burgomaftcrs 
and Counfellors ofAmfterdam, and of Henry Ja- 
cob vander Heyden, Poft-mafter of certain towns 

Bill Ff^r 1 *"' >'* Pti *"d Henry 
hop, E% Matter of the General Pods of all 

England, 



1788.] WITH THE STATES GENERAL. 129 

England, and from thence to all other kingdoms 
and countries, on the other part, in the loth year 
of the reign of Charles II. King of England, Scot- 
land, &c. Defender of the Faith. 

I T has been reciprocally promifed and agreed be- 
twixt the faid Simon van Hoorn, in name and by or- 
der of the faid Lords the Burgomafters and the Ma- 
giftrates of Amfterdam, as alfo of the faid Henry 
Jacob vander Heyden, and the faid Henry Bifliop, 
that a way and a method Ihould be concerted which 
might be more commodious and more expeditious 
than thofe hitherto made ufe of for the fending of ict- 
ters every week precifely from England to the United 
Provinces, and from the United Provinces to England, 
in fuch manner that letters fhould be brought every 
week directly from England to fome harbour of the 
faid United Provinces, and in like manner from the 
faid United Provinces to England. 

For this end the following articles have been confi- 
dered and agreed to between the parties, viz. 

The faid Henry Bifhop has agreed with and pro- 
mifed the faid Lord Simon van Hoorn, as the per- 
fon veiled with the full powers of the faid Lords the 
Burgomafters and the Magiftracy. of Amfterdam, and 
of Henry Jacob vander Heyden, that he will keep 
ready, and maintain at his own expence, a fufficient 
number of veflels, built in England, by which once 
a week upon a certain day fixed, viz. Saturday, pack- 
ets of letters Ihall be brought from England to Am- 
fterdam, and other towns and offices of the United 
Provinces ; and that care fliall be taken that the faid 
packets of letters fhall be carried beyond fea, with as 
much expedition as the wind and weather will per- 
mit, and that they fhall be fafely delivered at Helvoet- 
fluys, Flulhing, or fome other harbour which the 
contracting parties Ihall agree on, unleis hindered by 
fome misfortune that happens at fea. 

VOL. I. K Alfo 



!:S o TREATIES [1578 

Alfo the faid Henry Bifhop mall fo order it, that 
the packets of letters which fliall be fcnt from Am- 
fterdam, or any other place in the United Provinces, 
be taken in every Saturday at fuch ports, and that they 
be carried in like manner to the ports of England, 
with as much expedition as the wind and weather will 
permit, and from thence forwarded to the offices at 
London, for delivery to fuch perlbns as they mall be 
directed to. 

Moreover, the faid Henry Bifhop has agreed and 
promifcd the faid Lord Simon van 1 loom, in the name 
and character as above, and made the like agreement 
with the iaid vander Heyden, that he will keep an ex- 
act account of the weight of all packets of" letters that 
fhall be fent by the way of Amfterdam to Hamburgh 
and Dantzic, or to any part of Italy or the North ; 
and that computing from the day when the faid ac- 
count fhall commence, he will caufe a payment to be 
made every three months td the Lords Burgomafters 
and Magiflrates of Amflerdam, at the rate of an Kng- 
lifh Ihiliing for every ounce weight of letters that fhall 
be fent that way to Hamburgh, Italy, or the northern 
countries. 

The faid Henry Bifliop likewife promifes the faid 
Lords the Burgoimfters and Magiftrates of Amftcr- 
dam, to pay them I2</. Englifh for every ounce 
weight of letters from Italy, that fliall be fent through 
the faid city of Amfterdam to England; and as to 
the letters from Hamburgh, Dantzic, and the North, 
which are directed for England, they fhall pay the 
common poftage at Amfterdam, as was formerly prac- 
tifed at Antwerp. 

In confideration of which, die faid Henry Jacob 
vander Heyden promifes the faid Henry Bifliop (the 
faid Lords Burgomafters and the Magiflrates ot" Am- 
fterdam engaging in like manner to perform this con- 
tract, as far as concerns them) to pay or order to be 
paid the fum of 5oo/. fterling every year for the charge 
and maintenance of the -faid fhipsj which fum, to be 

paid 



. WITH THE STATES GENERAL. 



paid quarterly, viz. idf/. every three months, fhall 
commence from the 25th of December next enfuing 
the date and fubfcription of this contract. And if it 
happen that the faid fum of 500!. or a part thereof, be 
not paid to the faid Henry Bifhop in the manner afore - 
faid, by the faid vander Heyden, in that cafe the faid 
Lords the Burgomafters engage themfelves, and pro- 
niife to pay it to the faid Bifhop, or his order. 

And the faid Lords Burgomafters and Magiftrates 
of Amfterdam do further promife the faid Henry Bi- 
fhop, to eftablifh and carry on a contlant poft every 
week for Hamburgh and Dantzic, and for all the 
trading towns of Germany, the North, and Italy; 
and alfo than the faid pofl fhall make as much difpatch 
both forward and backward as ever any poft did or 
can do, in thefe provinces ; and that it fhall keep a 
regular time and method both in fetting out from Am- 
fterdam, in arriving there, and in fetting cut from 
thence for England, and the like to all the other towns 
of the United Provinces. Whereupon the faid Jacob 
vander Heyden obliges himfelf, and promifes to fettle 
fit perfons in the towns, and efpecially at the ports, 
(which places fhall hereafter be named by the parties) 
there to wait for, and receive all packets of letters 
that fhall be brought over by the veflels of the faid 
Henry Bifhop, and to fend diem from one town to 
another with all fpeed, and with the fame expedition 
to bring packets of letters from thofe towns to the 
harbours, and to put them on board the vefTels of the 
faid Bifhop, which fhall lie ready to receive them : 
the Lords Burgomafters and the Magiftrates of Am- 
fterdam promifing alfo to caufe the fame to be execu- 
ted accordingly, as far as it relates to them. 

Moreover, the faid Henry Jacob vander Heyden 
obliges himfelf (the Lords Burgomafters of Amfter- 
dam promifing it alfo on their part) that he will 
take care that the falaries of the clerks appointed, or 
to be appointed for that end in the feveral places, 
K 2 fhall 



TREATIES [157* 

fhall be paid punctually and without delay j and that 
there lhall be always at Amftcrdam, and the other 
towns of the United Provinces, a fufficient number 
of clerks capable to receive, distribute, and fend all 
the packets that lhall be received and lent, to main- 
tain a continual correfpondence with the laid Henry 
Bifhop's poft-mafters, and to keep exact regifters of 
all the packets received or fent, and of their weight. 

The Lords Burgomafters and the Magiftrates of 
Amfterdam do likewife promife the faid Henry Bi- 
fliop, to give orders that the portage of letters from 
England to Amfterdam be fo regulated, as not to ex- 
ceed the rate that was paid for them, when they 
were brought by the way of Antwerp. 

By means hereof, a firm and true friendfhip will 
be eftablifhed between the parties, with a fincere cor- 
refpondence, for the reciprocal profit and advantage 
of both parties; and if any difference happen between 
them, relating to the performance and execution of 
the faid articles and conditions, they fhall be referred 
to the decifion of fome impartial arbitrators, who 
fhall be named on both fides, and in whofe f award 
both fides fhall acquiefce. 

The parties have alfo agreed, that if any. packets 
of the merchants, or other parcels neceflary to be com- 
municated, be put into their hands, they fliall be 
fent on an extraordinary day, without flaying for Sa- 
turday, which is the day intended for the common 
letters ; but if for this reafon the faid Henry Bifhop 
be obliged to keep a greater, or twice the number 
of veflels, in fuch cafe the faid vander Heyden fhall 
take care, with the affiftance of the Lords the Bur- 
gomafters and the Magiftrates of Amfterdam, to 
pay or caufe to be paid to the laid Bifhop, at the end 
of every quarter, the fum of fixty-two pounds fter- 
ling, towards defraying the extraordinary charge of 
the veflels. And to die end it may appear that the 
parties are agreed in all the articles above written, 

they 



1788.] WITH THE STATES GENERAL. 133 

they have figned them with their own hands. Done 
at London the nth of April, 1661. 

(Signed) Simon Van Hoorn. 
Henry Bijhof. 

And underneath, 

We the underwritten are witneffes to this inftrm 
ment. 

John Widman. 
Van Hulft. 



[The following is printed from the copy publilhed 
by authority in 1686.] 

Articles of Peace and Alliance between the Mo ft Serene 
and Mighty Prince, Charles the Second, by the 
Grace of God, King <?/" England, Scotland, France, 
and Ireland, Defender of the Faith, &c. and the 
High and Mighty Lords, the States General of the 
United Netherlands, concluded the -^4- Day of July, 
1667. 

I. FIRST, that from this day there be a true, 
firm, and inviolable peace, fmcere friendfhip, a nearer 
and ftraiter alliance and union between the Molt Serene 
King of Great Britain, and the High and Mighty 
States General of the United Provinces of the Ne- 
therlands, and the lands, countries, and 'cities under 
the obedience of both parties, wherefoever fituate, and 
their fubjects and inhabitants, of what degree foever 
they be. 

II. Alfq, that for the time to come, all enmities, 
hoftilities, difcords, and wars, between the faid Lord 
the King, and the forefaid Lords the States General, 
and their fubjecls and inhabitants, ceafe and be abo- 
lifhed ] and that both parties do altogether forbear and 
abftain from all plundering, depredation, harm-doing, 
injuries, and infeflation whattbever, as well by land 

K 3 as 



I34 TREATIES [1578 

as by fea, and in freJh-waters, every where ; and efpe- 
cially through all tracts, dominions, places, and go- 
vernments (of what condition foever they be) within 
the jurifdidion of either party. 

III. Alfo, that all offences, injuries, damages, lofles, 
which his faid Majefty and his fubjefts, or the forefaid 
States General and their fubjects, have on either fide 
fuftained during this war,, or at any time whatfoever 
heretofore, upon what caufe or pretence foever, be 
buried in oblivion, and totally expunged out of re- 
membrance, as if no fuch things had ever pad. 

Furthermore, that the forefaid peace, friendfhip, 
and alliance may ftand upon firm and unfhaken foun- 
dations, and that from this very day all occafions of 
new difiention and difference may may be cut off; it 
is further agreed, that both the parties, and either of 
them, fhall keep and poflefs hereafter, with plenary 
right of fovereignty, propriety, and poficfllon, all fuch 
lands, iQands, cities, forts, places, and colonies (how 
many foever) as during this war, or in any former 
times before this war, they have by force of arms, or 
any other way whatfoever, gotten and detained from 
the other party, and that, altogether after the fame 
manner as they had gotten and did poflefs them the 
44 day cf May laft paft, none of the fame places be- 
ing excepted. 

IV. Moreover, that all (hips, with their furniture 
and merchandize, and all moveables, which during this 
war, or at any time heretofore, have come into the 
power of either of the forementioned parties, or their 
iubje&s, be and remain to the prefent pofiefibrs, with- 
out any C9mpenfation or reftitution; fo as each one 
be come and remain proprietor and pofleflbr forever 
of that which was fo gotten, without any controverfy, 
or exception of place, time, or things. 

V. Moreover, that all actions, fuits, and pretenfions, 
whatfoever they be, or in what manner foever they 
have been reftrained, circumfcribed, defined, or 10 

fcrved, 



1788.] WITH THE STATES GENERAL. 135 

ferved, in any articles of peace or alliance already made 
(and efpecially in the fifteenth article of that treaty 
which was figned in the year 1662) which his faid Ma- 
jefty and the faid States General, or their fubjects, may 
or would profecute or move againft one another about 
fuch matters or things as have happened during this 
war, or in any former times, as well before as after the 
forefaid treaty of 1662, until the day of this pi'efent 
alliance, be and remain void, obliterated, and dif- 
annulled; as his faid Majefty and the faid States Ge- 
jieral fhall declare, and they do hereby declare, that 
by virtue of thefe prefents they will for ever totally re- 
nounce, even as hereby they do renounce, all fuch ac- 
tions, fuits, and pretenfions, for themfelves and their 
fucceflbrs, fo as in regard of them nothing more may 
or ought ever to be urged on either fide, and nothing 
to be moved thereupon hereafter. 

VI. But if after the 44 day of May, exprefled in 
the precedent third article, or after the peace is made, 
or this treaty figned, either party fhall intercept and 
get from the other any lands, iflands, cities, forts, co- 
lonies, or other places whatfoever, all and every of 
them, without any diftinction of place or time, fhall 
be reilored bond fide in the fame ftate and condition 
wherein they fhali be found to be at the time whenfo- 
cver it fhall be known in thofe places that the peace 
is made. 

VII. But to avoid all matter of ftrife or contention 
hereafter, that ufeth fometimes to arile concerning the 
reflitution or liquidation of fuch fhips, merchandize, 
and other moveables, as both parties, or either of them, 
may pretend to have been taken or gotten in places and 
coafts far diftant, after the peace is concluded, and 
before it be notified unto thofe places - } it is agreed, 
that all fuch fhips, merchandize, and other moveables, 
which may chance to fall into either party's hands after 
the conclufion and publication of the prefent inftru- 
inent, in the Channel or Britifh fea, within the fpace 

K 4 of 



iy, TREATIES [1578 

of twelve days, and the fame in the North fea; and 
within the fpace of fix weeks, from the mouth of the 
Channel unto the Cape of St. Vincent; as alfo within 
the fpace of ten weeks beyond the faid Cape, and on 
this fide the Equinoctial Line or Equator, as well the 
ocean and Mediterranean fea, as elfewhere; and from 
thence within the fpace of eight months, beyond the 
terms of the forefaid Line, throughout all the world , 
fhall be and remain unto the pofleflbrs, without any 
exception or further diftinftion of time or place, or any 
regard had to the making of reftitution or compen- 
fation. 

VIII. It is alfo agreed, that under the forefaid re- 
nunciation and ftipulation, all letters whatlbever of 
reprifal, marque, and counter- marque, both general 
and particular/ and others of that kind, by virtue 
whereof any hoftility may be exercifed for the future, 
ought alfo to be reckoned and comprehended ; and by 
the public authority of this alliance they are inhibited 
and revoked. And if any perfons of either nation, 
after fuch revocation, fhall neverthelefs, under pretence 
or authority of fuch letters or commifiions already 
revoked, defign any new mifchief, or act any hoftility, 
after the peace is made, and the times fpecified in the 
precedent feventh article are elapfed, they are to be 
looked upon as difturbers of the public peace, and 
punifhed according to the law of nations, befides an 
entire reftitution of the thing. taken, or full fatisfaction 
of damages, to which they (hall be liable ; notwithftand- 
ing any claufe whatfoever to the contrary, which may 
be inferted in the faid letters revoked as aforefaid. 

IX. And whereas in countries far remote, as in 
Africa and America, efpecially in Guinea, certain pro- 
teftations and declarations, and other writings of that 
kind, prejudicial to the liberty of trade and navigation, 
have been emitted and publifhed on either fide by the 
governors and officers in the name of their fuperiors ; it 
is in like manner agreed, that all and every I'uch protef- 

tations, 



1788.] WITH THE STATES GENERAL, 137 

tations, declarations, and writings aforefaid, be abo- 
lifhed, and held hereafter for null and void; and that 
both the above-mentioned parties, and their inhabi- 
tants and fubjects, ufe and enjoy the fame liberty of 
trade and navigation, as well in Africa as in America, 
which they ufed and enjoyed, or of right might ufe 
and enjoy, at that time when the treaty of the year 
1662 was fubfcribed. 

X. Alfo, that prifoners on both fides, one and all, 
of what degree, dignity, or condition foever they be, 
fhall be fet at liberty, witHout ranfom, or any other price 
of their freedom; provided fatisfaction be made by 
them for debts which they have contracted for diet or 
any other lawful caufe. 

XI. That the faid King of Great Britain, and the 
faid States General, remain friends, confederate, united, 
and allied, for the defence and prefervation of the 
rights, liberties, and immunities of either ally and 
their fubjects, againft all whomfoever, who lhall en- 
deavour to difturb the peace of either's (late by fea 
or land, or fuch as living within either's dominions, 
fliall be declared public enemies to either. 

XII. That neither the faid King of Great Britain, 
nor the faid States General, fhall act, do, endeavour, 
treat, or attempt any thing againft the other, or the 
fubjects of either, any where, by land or fea, or in 
any ports, liberties, creeks, or frefh-waters, upon any 
occafion whatfoever; and that neither they, nor the 
fubjects of either of them, (hall give, afford, or fuppiy 
any aid, counfel, or favour, nor confent that any thing 
be done, treated, or attempted by any other whofo- 
ever, to the harm or prejudice of the other, or the 
fubjects of either; but fhall exprefsly and actually op- 
pofe, contradict, and really hinder all whomfoever, 
refiding or dwelling in either the refpective dominions, 
who fnall act, do, D'eat, or attempt any thing againft 
either of them. 

XIII. That 



,,$ TREATIES [1578 

XIII. That neither the faid King, nor the faid 
Commonwealth, nor any of the fubj efts of either, in- 
habiting or redding within their juriiHiction, ihall che~ 
rilh and aflift the rebels of either party with any fuc- 
cour, counfel, or favour whatfoever; but fhall ex- 
prefsly oppofe, and effectually hinder all perfons 
abiding, refiding, or dwelling in either of their domi- 
nions, from fupplying or furnifhing any of thofe fore- 
faid rebels, by lea or land, with any fuccour or aflift- 
ance, eidier in men, (hips, arms, warlike furniture, or 
other prohibited goods, or with money, provifions, or 
victuals: and all fhips, arms, warlike furniture, or 
other forbidden goods, alfo money and provisions be- 
longing to any perfon or perfons whatfoever, which 
fhall be fupplied or furnifhed contnuy to the meaning 
of this article, fhall be confifcate and forfeited to fiat 
party where the perfons offending fhall 1 be : and thofc 
who fhall wittingly and willingly act, commit, attempt, 
or advife any thing contrary to the fenfe of this article, 
Jhall be judged enemies of bodi parties, and fhall be 
puniflied as traitors, there where the offence fhall be 
committed. But as touching the fpecification of pro- 
hibited or contraband goods, it fhall be provided for 
hereafter. 

XIV. That the faid King of Great Britain, and the 
faid States General, fhall mutually, fincerely, and faith- 
fully (as diere is occafion) aflift each other againft the 
rebels of either, by fea or land, v/ith men and fhips, 
at the coft and charges of the parties who defire the 
fame, in fuch proportion and manner, and upon fuch 
conditions, as afterward fhall be agreed, and the pre- 
fent occafion fhail require. 

XV. That neither the faid King, nor the faid Com- 
monwealth, nor the fubjefts of either, fhall in any of 
their jurifdictions, countries, lands, havens, fea-ports, 
creeks, receive any rebel or rebels, fugitive or fugi- 
tives, of the other pary, declared, or to be declared, 
nor fhall give or yield unto fuch declared rebels and 

fugitives, 



1788.] WITH THE STATES GENERAL. 139 

fugitives, in the places aforefaid, or elfewhere, though 
without their lands, countries, havens, fea-ports, creeks, 
or jurifdictions, any help, counfel, lodging, foldiers, 
fhips, money, arms, ammunition, or victuals : as alfo 
neither of the flates fhall permit that fuch rebels or 
fugitives be received by any perfon or perlbns within 
their jurifdi&ions, countries, lands, fea-ports, havens, 
Creeks, nor fuffer that any help, counfel, lodging, fa- 
vour, arms, ammunition, foldiers, Ihips, monies, or 
provilion be given or yielded to fuch rebels and fugi- 
tives; but lhall exprefsly and effectually oppofe and 
really hinder the fame. 

XVI. That in cafe either of them by their public 
and authentic letters lhall make known and declare 
unto the other, that any perfon or perfons are or have 
been a rebel or rebels, fugitive or fugitives, and that 
they or any of them have been received, or refide, lie 
hid, or feek fhelter, in their jurifdictions, lands, coun- 
tries, fea-ports, or in any of them; then that party 
who fhall have received fuch letters, or to whom fuch 
notice fhall be given, or declaration made, fhall within 
the fpace of twenty-eight days, to be accounted from 
the day that fuch notice was given, be bound to charge 
and command fuch rebel or rebels, fugitive or fugitives, 
to withdraw and depart out of their jurifdiftions, lands, 
dominions, countries, and every of them : and in cafe 
any of the faid rebels or fugitives do not withdraw and 
depart within fifteen days after fuch charge or command 
fo given, then that they be punifhed with death, and 
lofs of lands and goods. 

XVII. That no rebel of the faid King of Great 
Britain fliall be received into any of the caftles, cities, 
havens, jurifdiftions, or other places, privileged or 
not privileged, which any perfon, of what dignity or 
degree foever he be, or fhall be, hath within the domi- 
nions or territories of the United Provinces, by what 
right or title foever he doth or fhall hold or poffefs the 
fame, nor be permitted to be rectived into, or remain 

in 



14 o TREATIES [1578 

m them, by any perfon, of what quality or degree 
foever he be. Neither fhall the faid States General 
permit or fuffer, that in any of the aforefaid places, 
any afliftance, counfcl, or favour, with fhips, foldiers, 
money, or provifion, or in any other manner, be given 
or afforded unto any fuch rebel, by any perfon of wkat 
degree or quality foever he be, but fhall openly and 
exprefsly forbid and effectually hinder the fame. 
And if any perfon or perfons, of what degree or qua- 
lity foever they be, dwelling or remaining within the 
dominions of the faid United Provinces, or under their 
command, fhall aft any thing contrary to this agree- 
ment, that then all and fingular fuch perfons fo doing 
fhall, for term of their lives refpectively, lofe and for- 
feit all fuch caftles, towns, villages, lands, and other 
places which they or any of them at that time have, 
or pretend to have, by what right or tide foever. In 
like manner, no rebel of the faid flates of the United 
Provinces fhall be received into any. caftles, towns, 
havens, or other places, or any of them, privileged 
or not privileged, which any perfon or perfons, of 
what degree or quality foever they be, and by wh..t 
right or title foever he or they do or fhall hold and 
poffefs, within the kingdoms or dominions of his laid 
Majefty of Great Britain: nor fhall fuch rebel be fuf- 
fered to be received by any perfon or perfons whatfo- 
ever, or there to remain; neither lhall the King of 
Great Britain permit or fuffer, that any counfel, affifr,- 
ance, or favour, in any of the faid places, with (hips, 
men, money, victuals, or in any other manner, be 
given or afforded unto any fuch rebel, by any fuch 
perfun or perfons, of what degree or quality foever 
they be, but fhall openly and exprefsly forbid and 
effectually hinder the fame. And in cafe any of the 
fubjefts of the faid King, or within his dominions, 
fhall do or attempt any thing againft this agreement, 
that all and every perfon fo offending (hall in like 
manner, for their respective lives, lofe and forfeit all 
fach caftles, cities, 'towns, lands, and other places, 

wluch 



1788.] WITH THE STATES GENERAL. 141 

which they or any of them at that time hath, or fliall 
pretend to have, by any right or title whatfoever. 

XVIII. That the faid King of Great Britain and 
his fubjects, and all the inhabitants of his Majefty's 
dominions, and alfo the faid United Provinces, and 
their fubjects and inhabitants, of what rank or con- 
dition Ibever they be, fhall be bound to ufe each other 
kindly and friendly in every thing; fo that they may 
freely and fafely pafs by land or by water into each 
other's countries, cities, towns .walled or unwalled, 
fortified or not fortified, and their havens, and all other 
their dominions fituate in Europe, to continue and 
abide therein fo long as they fhall pleafe, and may there 
buy fo much provifions as are.necefiary for their ufe, 
without any hinderance: and that likewife they may 
trade and traffic in goods and commodities of all forts, 
as to them fhall feem fit, and them to export and im- 
port at their pleafure, paying the ufual duties, faving 
to each country their particular laws and cuftoms. 
Provided that the fubjeclis and inhabitants of either 
fide, exercifing their trade in each other's countries 
and dominions, fhall not be obliged hereafter to pay 
any more cuftoms, import, or other duties, than ac- 
cording to that proportion which other foreign nations 
trading in the faid places do ufually pay. 

XIX. That the {hips and veflfels of the faid United 
Provinces, as well men of war as others, meeting any 
men of war of the faid King of Great Britain's in the 
Britifh feas, fhall ftrike the flag, and lower the top-fail 
in fuch manner as the fame hath been formerly obferved 
in any times whatfoever. 

XX. And, for the greater freedom of commerce 
and navigation, it is agreed and concluded, that the 
faid King of Great Britain, and the faid States Gene- 
ral, fhall- not receive into their havens, cities, and 
towns, nor fuffer that any of the fubje&s of either 
party do receive, pirates or fea-rovers, or afford them 
any entertainment, afliftance, or provifion; but fhall 

endeavour 



j 42 TREATIES [1578 

endeavour that the faid pirates and fea-rovers, or their 
partners, fharers, and abettors, be found out, appre- 
hended, and fufrer condign punifhment, for the terror 
of others: and all the fhips, goods, and commodities 
piratically taken by them, and brought into the ports 
ef either party, which can be found, nay, although 
they be fold, ihall be reftored to the right owners, 
or fatisfaftion fhall be given either to their owners, 
or to thofe who by letters of attorney (hall challenge 
the fame; provided the right of their propriety be 
made to appear in the court of admiralty by due 
proofs according to law. 

XXI. It Ihall not be permitted to the fubjefts of 
the faid King of Great Britain, and the inhabitants of 
the kingdoms and countries under his obedience, or to 
the inhabitants and fubjefts of the faid United Pro- 
vinces, to do or offer any hoftility or violence to each 
other, either by land of by fea, upon any p r etcnce or 
colour whatfbever: and confequcntly it (hall not be 
lawful for the faid fubjefts or inhabitants to get com- 
miflions or letters of reprifal from any prince or ft ate, 
with whom either of the confederates are at difference, 
or in open war; and much lefs by virtue of thofe 
letters to moleft or damnify the fubjefts of either 
party. Neither fhall it be lawful for any foreign pri- 
vate men of war, who arc not fubjefts to one nor 
the other party, having commiffions from any other 
prince or itate, to equip their fhips in the harbours 
of either of the aforefaid parties, or to fell or ranlbm 
their prizes, or any other way to truck, as well the 
fhips and goods as any other lading whatfoevrr. 
And it fhall not be lawful for them to buy any victual, 
but what Ihall be necefTary to bring them to the next 

Eort of that prince from whom they obtained their 
^ lid commifTions. And if perchance any of the fub- 
jefts of the faid King of Great Britain, or of die faid 
States General, fhall buy or get to themfelves by truck, 
or any other way, fuch fliip or goods which have been 
taken by the fubjefts of one or the other party; in 

fuch 



1788.] WITH THE STATES GENERAL. 143 

fuch cafe the faid fubjeft fhall be bound to reftore the 
faid fhip or goods to the proprietors without any de- 
lay, and without any compenfatioh or reimbursement 
of money paid or promifed for the fame; provider} 
that they make it appear before the council of the 
faid King of Great Britain, or before the faid States 
General, that they are the right owners or proprietors 
of them. 

XXII. That in cafe the faid King of Great Bri- 
tain, or the faid States General, do make any treaty 
of amity or alliance with any other kings, republics, 
princes, or dates, they fhall therein comprehend each 
other and their dominions, if they defire to be therein 
comprehended; and fhall give to the other notice of 
all fuch treaties, or friendlhip and alliance. 

XXIII. That in cafe it happen, during this friend- 
lhip, confederacy, and alliance, any thing fhall be 
done or attempted by any of the fubjects or inhabi- 
tants of either party againft this treaty, or any part 
thereof, by land, fea, or frelli- waters, that neverthe- 
lefs this amity and alliance between the faid nations 
fhall not thereby be broken or interrupted, but fhall 
remain and continue in its full force; and that only 
thofe particular perlbns fhall be punifhed, who have 
committed anything againft this treaty, and none elfe; 
and that juflice fhall be rendered and fatisfaction given 
to all perfons concerned, by all fuch who have com- 
mitted any thing contrary to this treaty, by land or 
fea, or other waters, in any part of Europe, or any 
places within the Straits, or in America, or upon the 
coafts of Africa, or in any lands, iflands, feas, creeks, 
bays, rivers, or in any places on this fide the Cape of 
Good Hope, within twelve months fpace after juftice 
fhall be demanded; and in all places whatfoever on 
the other fide the Cape (as hath been above faid) within 
eighteen months next enfuing after demand of juftice 
fhall be made in manner aforcfiid. But in cafe the 
offenders againft this treaty do not appear,, and fub- 

5 mic 



144 TREATIES [1578 

mit themfclves to judgment, and give fatisfaftion within 
the refpective times above exprefled, proportionable 
to the diftance of the places, they (hall be declared 
enemies of both parties, and their eftates, goods, and 
revenues whatfocver, fhall be confifcated for due and 
full fatisfa&ion of the injuries and wrongs by them 
offered; and their perfons alfo, when they come within 
the dominions of either part)', fhall be liable unto /iich 
punifhments as every one fhall deferve for his refpec- 
dve offences. 

XXIV. That the fubje&s of the faid King of Great 
Britain, and thofe which are under his jurifdi&ion, 
may freely and fccurely travel in all the provinces of 
the Low Countries, and all their dominions in Europe, 
and through diem by fea or land pafs to other places 
there or beyond them, and through all quarters of the 
United Provinces, cities, forts, or garrifons whatfo- 
ever, which are in any parts of the United Provinces, 
or elfewhere in their dominions in Europe, as well 
they themfelves exercifing trade in all thofe places, as 
their agents, faftors, and fervants may go armed or 
unarmed (but if armed, not above forty in a company) 
as well without their goods and merchandizes as with 
them, whcrefoever they pleafe. The people alfo and 
inhabitants of the United Provinces fhall enjoy the 
fame liberty and freedom in all the dominions of the 
faid King in Europe; provided that they, and every 
of them, do in their trade and merchandizing yield 
obedience to the laws and ftatutes of either nation 
refpectively. 

XXV. That in cafe the merchant-fhips of the fub- 
jefts of either nation fhall by ftorm, pirates, or any 
other neceflity whatfoever, be driven into any haven 
of either dominion, they may depart fecurely and at 
their pleafurc, with their fhips and goods, without 
paying any cuftoms or other duties; provided they 
break no bulk, nor fell any thing; nor fhall they be 
fubject to any moleflation or fearch, provided they do 

9 not 



1788.] WITH THE STATES GENERAL. 145 

not receive on board any perfons or goods, nor do any 
thing elfe contrary to the laws, ordinances, or culioms 
of the places where they (as aforefaid) fhall harjperi 
to arrive. 

XXVI. That the merchants, mafters, and leamen 
of either party, their fhips, goods, wares^ or mer- 
chandizes, fh all riot be arrefted or feized in the lands, 
havens, roads, or rivers of the other, to ferve at war, 
or any other ufe, by virtue of any general or fpecial 
command, unlefs upon an extraordinary neceffity, and 
that juft fatisfaction be given for the fame; but ib as 
the fame fhall not derogate from the feizures and ar- 
refts duly made in the ordinary courts of juftice of ei- 
ther nation.; 

XXVII. That the merchants on both fides, their 
factors and fervants, and alfo the mailers and other 
feamen, as well going as returning by fea, and other 
waters, as alfo in the havens of either party, or going 
on fhore, may carry and ufe, for the defence of them- 
felves and goods, all forts of weapons, as well offen- 
five as defenfive j but being come into their lodgings or 
inns, they fhall there lay by and leave their arms, until 
they be going on board again. 

XXVIII. That the men of war or coiivoys of 
either nation, meeting or overtaking at fea any mer* 
chants (hip or fhips belonging to the fubjects or inha- 
bitants of die other, holding the fame courfe, or going 
the fame way, fhall be bound, as long as they keep one 
courfe together, to protect and defend them againft all 

' and every one who would fet upon them. 

XXIX. That if any fhip or fhips of the fubjects 
or inhabitants of either nation, or of a neuter, be taken 
by a third party in the harbours of either, not being of 
the fubjects or inhabitants of either nation, they in or 
out of whofe haven or jurifdiction the faid fhips fhall 
be taken, fhall be bound to endeavour with the other 
party, that the faid fhip or fhips be purfued, brought 

VOL. I. L back, 



I4 6 TREATIES [1578 

back, and reftored to the owners; but all this fhall 
be done at the charges of the owners, or whom it 
concerns. 

XXX. That fearchers, and other like officers on 
both fides, lhall regulate themfelves according to the 
laws of either nation, and (hall not impofe or demand 
more than they are allowed by their commiflions and 
inftruc"r.ions. 

XXXI. That if any injury be done or pracYifcd by 
either nation, or the fubjefts or inhabitants of the lame, 
againft the fubjedls or inhabitants of the other, or 
againft any of the articles of this prefent treaty, or 
againft common right; yet neverthelefs no letters of 
reprifal, marque, or countermarque, fhall be granted 
by either fide, till juftice hath been firft demanded ac- 
cording to the ordinary courfe of law; but in cafe 
juftice be there denied or delayed, then that the laid 
King of Great Britain, and the faid States General, or 
commiflioners of that nation whofe fubjefts and inha- 
bitants have fuffered the wrong, fhall publicly require 
juftice from that other party, where (as abovefaid) it 
was denied or delayed, or from that power appointed 
to hear and decide fuch differences, that there may be 
a friendly compofure, or due prccefs of law. But if 
Hill there happen more delays, and neither juftice be 
adminiftered, nor fatisfaclion given within three months 
after fuch demand, that then letters of reprifal, marque, 
or countermarque, may be granted. 

XXXII. -It is alfo agreed, if at any time it hap- 
pen (which God of his mercy forbid) that the differ- 
ences now compofcd between his faid Majefty and the 
laid States General fhould fefter, and break out again 
into open war, that then thofe fhips, merchandize, er 
any kind of moveables of either party, which fhall be 
found to be and remain in the ports, and under the 
command of the adverfe party on either fide, fhall not 
for all that be confiicated, or made obnoxious to any 
inconvenience; but die fpace of fix months lhall en- 
tirely 



1788.] WITH THE STATES GENERAL. 147 

tirely be allowed to the fubjefts and inhabitants of 
either party, that they may have leifure to tranfport 
from thence the forementioned things, and any thing 
elfe that is theirs, whither they fhall think fit, without 
any kind of moleftation. 

XXXIII. That they who have obtained private 
com miflions from either party, before they receive, 
fuch commiffions, fhall give good and fufficient cau- 
tion before the judge of the court where they receive 
fuch commiffions, by refponfible men, who have no 
part or fhare in fuch fhips, that they fhall do no da- 
mage or injury to the fubjects or inhabitants of either 
fide. 

XXXIV. It is alfo agreed and concluded, that the 
fubjefts and inhabitants of either party fhall always 
have free accefs to each other's fea-ports, there to 
remain, and from thence to depart with the fame free- 
dom; and not only with their merchant-fhips and 
lading, but alfo with their men of war, whether they 
belong to the faid King or States General, or unto fuch 
as have obtained private commiflions, whether they 
arrive through violence of tempeft, or other cafualty 
of the feas, or to mend their ihips, or to buy provi- 
fion, fo^they exceed not the number of eight men of 
war, when they come there voluntarily, nor fhall re- 
main or abide longer in the havens or places adjacent^ 
than they fhall have a juft ^caufe, to repair their faid 
fhips, or to buy victuals ~or other necefTaries: and 
if a greater number of men of war fhould upon 
occafion defire to come unto fuch ports, they fhall in 
no cafe enter thereinto, until they have firft obtained 
leave from thofe to whom the faid havens do apper- 
tain, unlefs they be forced fo to do by ftorm, or fome 
force or neceffity, whereby they may avoid the danger 
of the fea : in which cafe alfo they fhall prefently 
make knt)wn the caufe of their coming unto the go- 
vernor or chief magiftrate of the place, and fhall 
flay ao longer than the faid governor or chief magif- 

L 2 tratc 



, 4 3 TREATIES [1578 

trate (hall permit them, and fhall not do any acts of 
hoftiiity or other prejudice in the aforefaid havens 
during their abode there. 

XXXV. Furthermore it is agreed and concluded, 
that both parties lhall truly and firmly obferve and 
execute this prefent treaty, and all and every the mat- 
ters contained therein, and effectually caufe the fame 
to be obferved and performed by the fubje&s and in- 
habitants of either nation. 

XXXVI. Alfo, for further caution and aflurance 
that this treaty and confederacy fhall be duly and bond 
fde obferved on the part of the faid States General of 
the Lfnited. Provinces and their people, it is concluded 
and agreed, as alfo the faid States General by thefe 
prefents do agree, and firmly oblige and bind them- 
felves, that all and every one whom they, or the 
States of the Provinces fhall at any time choofe, ap- 
point, or make captain-general, governor, or chief 
prefident, or ftad-holder, general of armies or mili- 
tary forces by land, or admiral or general of the fleets, 
fhips, or forces at fea, fhall be bound and obliged by 
oath to confirm this treaty, and all the articles thereof, 
and promife facredly upon oath, that they fhall, as far 
as it is pofiible, religioufly obferve and execute the 
fame, and, as much as concerns them, caufe the fame 
to be obferved and executed by others. 

XXXVII. Under this prefent treaty of peace thofe 
fhall be comprehended, who fhall be named by either 
party with common confent before the exchange of 
ratifications, or within fix months after. But in the 
mean time, as the covenanting parties do thankfully 
acknowledge the friendly offices, and unwearied en- 
deavours, whereby the moft Serene King of Sweden, 
interpofing his mediation, hath, through the afliftance 
of God, promoted and carried on this beneficial work 
of pacification unto the defired conclufion; fo, to tef- 
tify their like affection, it is decreed and covenanted by 
the common confent of all the parties, that his above- 
mentioned 



' 



1788.] WITH THE STATES GENERAL. 149 

mentioned Majefty of Sweden, with all his kingdoms, 
dominions, provinces, and rights, be included in this 
treaty, and comprehended in the prefent pacification, 
after the beft and moft effectual manner that may be. 

XXXVIII. It is 'alfo covenanted, concluded, and 
agreed, that the prefent treaty, and all and every thing 
and things therein contained and concluded, fhall be 
confirmed and ratified by the faid King of Great 
Britain, and the faid States General of the United Pro- 
vinces, by letters patents on both fides, fealed with the 
great feal in due and authentic form, within four weeks 
next enfuing, or fooner, if it can be done; and that 
within the faid time the ratifications on both fides fhall 
be exchanged at Breda j and that prefently after the 
delivery and exchange of the fame, this treaty and 
alliance lhall be publifhed in fuclvform and place as 
is ufual. 

Done at Breda, the ^ day of July, 1667. 

The feparate Article. 

IF it happen that any tapeftry, hangings, carpets, 
pictures, or houfhold furniture of what kind foever, 
or precious ftones, jewels, rich curiofities, or other 
moveable goods whatfoever, belonging to the King of 
Great Britain, either now are, or hereafter fhall be 
found to be in the hands or power of the faid States 
General, or of any of their fubjects; the faid States 
General do promife, that they will in no wife protect 
the poffeflbrs of any moveables appertaining unto the 
faid King ; which goods may be taken from them in 
,fuch manner, that they, who fhall make difficulty to 
reftore them freely, may not be dealt withal by any 
means contrary to equity and juftice. And the faid 
States do promife to ufe their moft effectual endea- 
vours, that a plain and fummary way of proceeding 
may be taken in this affair, without the ordinary form 
and method of procefs ufually obferved in courts; 
ind that juftice be adrniniftered, whereby .his faid 
L 3 Majefty 



J5 o TREATIES [1578 

Majefty may be fatisfied, as far as pofilbly may be, 
without the wrong of any one. 

Alfo, that if any of thole who are guilty of that 
horrible treafon and parricide committed upon King 
Charles the Firft of mod blefled memory, and law- 
fully attainted, condemned, or convicted of the fame, 
either now are in the dominions of the faid States Ge- 
neral, or fhall hereafter come thither ; as foon as ever 
it fhall be known or fignified to the faid States Ge- 
neral, or any of their officers, they fhall be appre- 
hended, put into cuflody, and fent prifoners into Eng- 
land, or delivered into the hands of thofe whom the 
faid King of Great Britain fhall appoint to take charge 
of them, and bring them home. 

Done at Breda the Z-' r day of July, 1667. 

His Majefly's 'Declaration concerning the Reftoring of 
all Places, Forts, &c. which his Subjefisjhall have 
taken or recovered from the Dutch after the ^- day 
of May lajl pajl. 

. CHARLES II. by the grace of God, King of 
Great Britain, France, and Ireland, Defender of the 
Faith, &c. We do hereby make known and teftify 
unto all and every perfon and perfons whom it doth 
or may any way concern, that whereas in the treaty 
of peace concluded at Breda the 4-J day of July, 1667, 
between us and the High and Mighty Lords States 
General of the United Netherlands, it is agreed in 
the third article, that each party is to hold and pofiefs, 
for the time to come, with plenary right of fovereign- 
ty, propriety, and pofleflion, all fuch lands, iHands, 
cities, forts, places, and colonies, as during this war, 
or in any former times before this war, they have by 
force of arms, or any way whatfoever, gotten or de- 
tained from the other party, after the very fame man- 
ner as they had feized and did pofiefs them on the : ;. 
day of May laft paft, not excepting any of the faid places, 
And whereas furthermore, for the avoiding of all mat- 



ter 



1788.] WITH THE STATES GENERAL. 151 

ter of ftrife and contention, which ufeth fometimes to 
arife by reafon of reftitutions, it is alfo agreed in the 
fixth article, that if either party fhall intercept and get 
from the other any lajids, iflands, cities, forts, colo- 
nies, and other places, after the faid 44 day of May 
laft paft, all and every of the premifies (without any 
distinction of time and place) are forthwith to be re- 
ftored in the very fame condition wherein they fhall 
be found to be at the time whenfoever certain notice 
fhall come to thofe places that the peace is renewed : 
We do hereby require and command all our gover- 
nors, officers, commanders, and fokliers, both by fea 
and land, of what quality and condition foever they 
be, as well within Europe as without, that they do 
not only forbear and totally abftain from all h Jlility, 
according to the tenor of the forefaid treaty ; but alfo, 
if at any time it fhall happen or come to pafs, that 
any lands, iflands, cities, forts, colonies, and other 
places, wherefoever fituated, fhall be taken from the 
United Netherlanders, or recovered from them and 
brought under our power, after the expiration of the 
faid -i-o- day of May, that they reitore them all, with- 
out any delay or excufe, unto thofe perfons who fhall 
exhibit thefe letters patents, in fuch condition as they 
fhall be found in at the time when the renewing of the 
peace fhall be notified there, without any diminution, 
detraction, wafte, or embezzlement whatfoever, upon 
pain of our higheft difpleafure. Given at Weftminfter 
the nine and twentieth day of July, old ftile, and eighth 
day of Auguft, new ftile, in the year of our Lord 
1667, and of our reign the nineteenth. 



[The following is printed from the copy publifhed by 

authority in 1686.] 

Articles of Navigation and Commerce between the Moft 
Serene and Mighty Prince, Charles the Second, by 
the Grace of God, King of England, Scotland, 
France, and Ireland, Defender of the Faith, &c. 
and the High and Mighty Lords the States General 
L 4 of 



152 TREATIES [1578 

of the United Netherlands, concluded the \\ day 
0/July, 1667, 

WHEREAS by thofe articles of peace, union, and 
alliance, which are this day concluded between his ' 
Majefly the King of Great Britain, and the States 
General of the United Provinces, it is fpecially and 
carefully provided, that all the dilrnal and calamitous 
effects of war may forthwith ceafc, and that the peace 
fo much defired by all, may be reftored in all king- 
doms and dominions of both parties, and unto all 
their fubjects and inhabitants : and the meafure of 
time and affairs hath not permitted them to weigh in 
an equal balance, and thereby exactly to adjuft all 
and e-ry thing and things which were to be obferved 
and confidered about the forefaid articles, efpecially 
about thofe which belong to the rules of free naviga^ 
tion and trade j and that it may be feared, the inhabi- 
tants and fubjects of both parties may fall back a.; a in 
into new quarrels and difientions, and the differences 
now ccmpofed may bleed afrefh, if they be not bound 
up by fome certain laws about thofe things which 
concern navigation and the ufe of trade: therefore, 
by the mediation and endeavours of the Swedifh am- 
bafladoi s, the forementioned parties have further agreed 
unto thefe feparate articles. 

I. That all fuch proclamations and acts of ftate, 
which either party hath publiihed, by reafon of this 
war, to the prejudice of the other party, againft the 
liberty of navigation and trade^ be abrogated on both 
fides. 

II. That for the elucidation of that act which the 
King of Great Britain caufed to be publifhed in the 
year 1660, for the encouragement of navigation in 
his own fubjects, whereby {hangers are prohibited to 
import any commodities into England, but fuch as 
are of their own growth or manufacture j it may be 
lawful for the States General, and their fubjects, to 
garry alfo into Engird in their (hips, all fuch corn- 
modi ti cs 



1788.] WITH THE STATES GENERAL. 153 

modifies as growing, being produced, or manufac- 
tured in Lower or Upper Germany, are not ufually 
carried fo frequently and commodioufly unto fea- 
ports (thence to be tranfported to other countries) 
any other way but through the territories and domi- 
nions of the United Netherlands, either by land or by 
rivers. 

III. Whereas the King of Great Britain hath here- 
tofore prefTed, that merchandize and commodities on 
both fides might be reduced to a certain and conve- 
nient rule j the States General alfo have always aim 
at the fame mark, that merchandize fhould be bounded 
and circumfcribed within fome certain laws of perpe- 
tual obfervation ; and yet that bufmefs feems to re- 
quire longer attention and labour, than that it can be 
fpeedily difpatched to the fatisfaction of both parties; 
they are both content to remit the lame unto a fitter 
occafion, that commifiioners on both fides may meet 
together as foon as may be after this peace is conclu- 
ded, who may refolve and agree about Ipecifying and 
circumfcribing the fpecies of commodities, and the 
laws of navigation, and may fet the fame down in new 
and mutual covenants. Yet left in the mean time the 
inhabitants and fiibjects of both parties fhould be in fuf- 
pence and doubt, as not knowing what kinds of com- 
modities it may be lawful or unlawful to carry or fup- 
ply unto the enemy of either party, after the manner 
and form of warlike provifions or fuccours, or under 
the title or pretence of merchandize ; it is likewife 
covenanted and agreed, that the treaty of navigation 
and commerce made between the Moft Chriftian King 
and the faid States General (beginning from the 26th 
unto the 420! article inclufively) in that manner and 
tenor wherein they follow here, inferted in the French 
language, may provifionally ferve for a rule and law, 
and fo make way for the perfecting of a larger and 
fuller treaty concerning maritime commerce between 
$he above-mentioned parties. 

The 



154 TREATIES [157$ 

The forefaid articles follow. 

26. All the fubjedls and inhabitants of France may 
with all fafety and freedom fail and traffic in all the 
kingdoms, countries, and eftates which are or fball be 
in peace, amity, or neutrality with France, without 
being troubled or difquieted in that liberty by the fhips, 
gallics, frigates, barques, or other veflels belonging to 
the States General, .or any of their fubjects, upon oc- 
cafion and account of the hoftilities which may here- 
after happen between the faid States General and the 
abovefaid kingdoms, countries, and eftates, or any of 
them, which are or lhall be in peace, amity, or neu- 
trality with France. 

27. This tranfportation and traffic fhall extend to 
all forts of merchandize, except thofe of contraband. 

28. This term of contraband goods is underftood 
to comprehend only all forts of fire-arms and their 
appurtenances ; as cannon, mulquets, mortar-pieces, 
petards, bombs, granadoes, faucifies, pitched hoops, 
carriages, refts, bandeliers, powder, match, falt-pt -m , 
bullets, pikes, fwords, morions, head-pieces, cuiraftf, 
halberts, javelins, horfes, great faddles, holders, belts, 
and other utenfils of war. 

29. In this quality of contraband goods thefe fol- 
lowing (hall not be comprehended ; wheat, corn, and 
other grain, gums, oils, wines, fait, nor generally any 
thing that belongs to the nourifhment and fuftenance 
of life, but (hall remain free as other merchandize 
and commodities not comprehended in the precedent 
article ; and the tranfportation of them fliall be per- 
mitted even unto places in enmity with the faid States 
General, except fuch cities and places as are befieged, 
blocked up, or inverted. 

30. It hath been agreed, that the execution of what 
is abovefaid (hall be performed in the manner follow- 
ing; that the (hips and barques with the merchan- 
dize of his Majefty's fubjects, "being entered into any 
port of the faid States General, and purpofing to pafs 
from thence unto the ports of the faid enemies, lhall 

be 



1788.] WITH THE STATES GENERAL. 155 

be only obliged to fhew unto the officers of the port 
of the faid States out of which they would go, their 
paflports, containing the fpecification of the lading of 
their fhips, attefted and marked with the ordinary 
feal and figning, acknowledged by the officers of the 
admiralty of thofe places from whence they firft came, 
with the place whither they are bound, all in the 
ufual and accuftomed form : after which fhewing of 
their pafiports in the form aforefaid, they may not 
be difquieted nor fearched, detained nor retarded in 
their voyages, upon any pretence whatfoever. 

31. The fame courfe fhall be ufed in regard of the 
French fhips and barques which fhall come into any 
roads of the countries under the obedience of die faid 
States, not intending to enter into the ports, or being 
entered thereinto, not to unlade and break bulk; 
which fhips may not be obliged to give account of 
their lading, but in cafe of fufpicion that they carry 
unto the enemies of the faid States any contraband 
goods, as was abovefaid. 

32. And in cafe of fuch apparent fufpicion, the faid 
fubjects of his Majefty fhall be obliged to Ihew in the 
ports their paflports in the form above fpecified. 

33. But if they were come within the roads, or 
were met in the open fea by any of the faid States 
Jhips, or private men of war their fubjects j for avoid- 
ing of all diforder, the faid fhips of the United Pro- 
vinces fhall come no nearer unto the French barques 
than within cannon-fhot, and may fend their long- 
boat or fhallop on board the French fhips or barques, 
and caufe only two or three men to go on board, un- 
to whom the paflports and certificates fhall be fhewn 
by the mafter or pilot of the French fhip, in the man- 
ner above fpecified, according to the form of the faid 
certificates which fhall be inferted at the end of this 
treaty ; by which paflports and certificates proof may 
be made not only of the lading, but alfo of the place 
of the abode and refidence as well of the mafter and 
pilot, as of the fhip ideH" 3 to the end that by thefe 

2 two 



, 5 6 TREATIES [157* 

two ways it may be known whether they carry con- 
traband goods ; and that die quality as well of the 
faid fhip as of its mafter and pilot may fufficiently ap- 
pear: unto which paffports and certificates entire 
faith and credit ought to be given. And to the end 
that their validity may be the better known, and that 
they may not be in any wife falfified and counterfeit, 
certain marks and counterfigns of his Majefty and the 
faid States General fhall be given unto them. 

34. And in cafe any merchandize and commodities 
of thofe kinds which are before declared to be con- 
traband and forbidden, fhall by the means afbrctiiid 
be found in the French vefiels and barques bound for 
the ports of the faid States enemies ; they fhall be 
unladen, and declared confifcate before the judges of 
the admiralty of the United Provinces, or, other 
competent officers : but fo, that the fhip and barque, 
or other free and allowed goods, merchandize, and 
commodities found ia the fame fhip, may not for 
that caufe be in any manner feized or confifcate. 

35. It was furthermore agreed and covenanted, 
that whatfoever fhall be found laden by his Majef- 
ty's fubjects upon a fhip of the enemies of the laid 
States, although the fame were not contraband goods, 
fhall yet be confifcate, with all that fhall be found in 
the faid fhip, without exception or refervation ; but on 
the other fide alfo, all that fhall be and fhall be found 
in the fhips belonging to the Mofl Chriftian King's 
fubjefts, fliall be free and difcharged, although the 
lading or part thereof belong to the faid States ene- 
mies i except contraband goods, in regard whereof 
.fuch rule fhall be obferved as hath been ordered in the 
precedent articles. 

36. All the fubjc&s and inhabitants of the faid 
United Provinces fhall reciprocally enjoy the fame 
rights, liberties, and exemptions in their trade and 
commerce, within the ports, roads, feas, and eftates of 
his faid Majefty (as hath been newly faid) which his 
faid Majefly's fubjecVfhall enjoy in thofe of the faid 

Statr.% 






1788.] WITH THE STATES GENERAL. 157 

States, and in open fea ; it being to be underftood, 
that the equality Ihall be mutual every way on both 
fides : And even in cafe die faid States fhould hereaf- 
ter be in peace, amity, and neutrality with any Kings, 
Princes, and States, who fhould become enemies to 
his faid Majefty, either of the parties are mutually to 
ufe the fame conditions and reftrictions exprefTed in 
the articles of this prefent treaty, which regard trade 
and commerce. 

37. And the more to affure the fubjects of the faid 
States, that no violence fhall be offered them by the 
faid Ihips of war, all the captains of the King's /hips, 
and others his Majefty's fubjecbs, fhall be charged 
and enjoined not to moleft or endamage them in any 
tiling whatsoever, upon pain of being punifhed and 
made anfwerable in their perfons and goods for the 
damages and interefls fuffered, and to be fuffered, un- 
til due reftitution and reparation be made. 

38. And for this caufe the captains and capers fliall 
from henceforth every one of them be obliged, before 
they go out, to give good and fufficient fecurity be- 
fore competent judges, in the fum of fifteen thou- 
fand livres tournois, to anfwer every one by himfelf 
for the mifcarriages they may commit in their courfes 
at fea, and for their captains and officers violations of 
this prefent treaty, and of the orders and proclama- 
tions of his Majefty, which fhall be publifhed by vir- 
tue and in conformity of the regulation therein 
made ; upon pain of being cafhiered, and forfeiting 
the faid commiflions a.nd licences : which fhall in 

. like manner be pradifed by the fubjects of the faid 
States General. 

39. If it fhould happen that any of the faid French 
captains fhould make prize of a veflel laden with 

. contraband goods, as hath been faid, the faid cap- 
tains may not open nor break up the chefts, mails, 
packs, bags, cafk, and other boxes, or tranfport, fell, 
or exchange, and otherwife alienate them, until they 
have landed in the prefence of the judges of the ad- 
miralty, 



, 5 g TREATIES [1578 

miralty, and after an inventory hath by them been 
made of die faid goods found in the faid velTcls ; un- 
lefs the contraband goods making but a part of the 
lading, the mafter or pilot of the fhip (hould be con- 
tent to deliver the faid contraband goods unto the 
faid captain, and to purfue his voyage: in which 
cafe the faid mafter or pilot (hall by no means be hin- 
dered from continuing his courfe and the dcfign of 
his voyage. 

40. His Majcfty being defirous that the fubjefls of 
the faid States may be ufed in all countries under 
his obedience as favourably as his own fubjefts, will 
give all neceffary orders, that judgments and decrees 
upon prizes which (hall happen to be taken at fea, 
may be given with all juftice and equity, by perfons 
not fufpefted nor concerned in the matter under de- 
bate : and his Majefty will give precife and effectual 
orders, that all decrees, judgments, and orders of juf- 
tice already given and to be given, may be readily 
and duly executed according to their forms. 

41. And when the ambafiadors of the faid States 
General, or any other of their public miniftcrs refid- 
ing in his Majefty's court, (hall make complaint of 
the judgments which (hall be given, his Majefty will 
caufe a review to be made of the faid judgments in 
his council, to examine whether the order and pre- 
cautions contained in the prefent treaty have been fol- 
lowed and obferved, and to provide for the fame ac- 
cording to reafon; which (hall be done within the 
ipace of three months at the fartheft : neverthelefs, 
neither before the firft judgment, nor after it, dur- 
ing the time of the review, the goods and efte&s 
which are claimed, may not be fold or unladen, un- 
fefs it be with content of the parties interefted, to avoid 
the fpoiling of the faid commodities, if they be pe- 
rifhable. 

42. When procefs (hall be moved in the firft or fe- 
cond inftance between thofe that have taken the prizes 
at fea, and the perfons interefted therein, and the faid 

interefted 



i78.] WITH THE STATES GENERAL. 15$ 

interefted perfons fhall come to obtain a favourable 
judgment or decree, the faid judgment or decree fhall 
have its execution upon fecurity given, notwithstanding 
the appeal of him that took the prize j but the fame 
(hall not hold on the contrary. And that which is 
faid in this prefent, and in the precedent articles, for 
the caufing of good and fpeedy juftice to be done 
ento the fubjefts of the United Provinces in the mat- 
ter of prizes taken at fea by his Majefty's fubjeclrs, 
fhall be underftood and pra&ifed by the States Ge- 
neral, in regard of prizes taken by their fubjeds from 
thofe of his Majefty, 

IV. It is alfo covenanted, that thefe above- written 
feparate articles, and all and every thing therein con- 
tained and concluded, fhall be confirmed and ratified 
by the faid King of Great Britain, and the faid States 
General of the United Provinces, by letters patents 
of both parties, fealed with their great feal in due and 
authentic form, within four weeks next enfuing, or 
fooner, if it may be ; and mutual inftruments lhall 
be exchanged at.: Breda within the forefaid time; and 
the fame fhall be publilhed, after the delivery and ex- 
change thereof, in the ufual form and place. 

Done at Breda the ~ day of July, 1667. 

A Form of the Paffports and Certificates that ought tt 
be given in the Admiralty of France, to the Ships 
and Barques that go out theme, according to ths 
Article of the prefent 'treaty. 

C^SAR, Duke of Vendome, Peer and Great 
Matter, Chief and Superintendant General of the na- 
vigation and commerce of France : To all who fhall 
fee thefe prefents, greeting. 

We do make known, that we have granted leave 
and permiflion to mafter and conduc- 

tor of a fhip called of the city of 

of the burthen of 

tons or thereabouts, being 
at 



TREATIES [1578 

at prefent in the port and haven of 
to go to laden with af- 

ter fearch fhall have been made of his fhip, and he 
before his departure fhall make oath before the officers 
that exercife the jurifdiftion of maritime caufes, that 
the faid veflel doth belong to one or more of his Ma- 
jefty's fubjefts, an aft whereof fhall be put at the bot- 
tom of the preftrnts, as alfo to keep and caufe to be 
kept by thofe aboard him, the orders and rules of the 
marine, and fliall put into the regiftry the roll figned 
and certified, containing the names and furnamcs, the 
nativity and habitation of the men that are aboard him, 
and of all that fliall embark themfelves, whom he 
may not take on board without the knowledge and 
permiflion of the marine officers j and in every port or 
haven where he fhall enter with his fhip, fhall make 
appear to the officers and marine judges concerning 
the prefent licence, and lhall make them faithful re- 
lation of what hath been done and hath pafTed during 
his voyage, and fhall carry the flags, arms, and co- 
lours, both the King's and ours, throughout his whole 
voyage. In witnefs whereof, we have figned thefe 
prefents, and caufed the feal of our arms to be put 
thereunto, and the fame to be countcrfigned by our 
fecretary of the marine, the day of 

One thoufand fix hundred 

(Signed) 

Cafar of Vendome. And underneath, By my Lord 
Matbarel. And fealed with the fcal of the 
arms of the faid Lord Admiral. 

A Form of the Aft containing tie Oath. 

WE of the Admi- 

ralty of do certify, that 

mafter of the fhip named 

in the paflport above, hath taken the oath therein 
mentioned. Made at the day of 

One thoufand fix hundred, &c. 

Another 



1788-.] WITH THE STATES GENERAL. ,161 

Another Form of the Certificates that ought to be given 
by the Cities and Sea Ports of the United Provinces, 
to the Ships and Barques that go from thence, ac- 
cording to the Article abovefaid. 

TO the moft Serene, moft Illuftrious, Illuftrious, 
mod Mighty, moft Noble, Honourable, and Prudent 
Lords, Emperors, Kings, Commonwealths, Princes, 
Dukes, Comties, Barons, Lords, Burgomafters, She- 
riffs, Counfellors, Judges, Officers, Juftices, and Re- 
gents of all good cities and places, as well ecclefiafti- 
cal as fecular, who fhall fee or read thefe prefents. We 
burgomafters and governors of the city of 
do make known, that fhip-mafter, 

appearing before us, hath declared by folemn oath, 
that the fhip called containing about 

lafts, of which he is at prefent 
the mafter, belongeth to inhabitants of the United 
Provinces, So help him God : And, as we would wil- 
lingly fee the faid Ihip-mafter aflifted in his juft af- 
fairs, we do requeft you all in general and particu- 
lar, that where the abovefaid mafter fhall arrive with 
his fhip and goods, it may pleafe them to receive 
him courteoufly, and ufe him in due manner, fuffer- 
ing him, upon the ufual rights of tolls and other char- 
ges, in, through, and nigh your ports, rivers, and ter- 
ritories, permitting him to fail, pafs, frequent, and 
trade there where he fhall think fit. Which we fhall 
willingly acknowledge. In witnefs whereof we have 
caufed die feal of our city to be thereunto put. 



[The following is printed from the copy publifhed by 
authority in 1686.] 

Articles touching Navigation and Commerce, between 
the moft Serene and Mighty Prince, Charles the 
Second, by the Grace of Gcd, King <?f England, Scot- 
land, France, and Ireland, Defender of the Faith, 
&c. and the High and Mighty Lords the Suites Ge- 

VOL, I. M neral 



162 TREATIES [1578 

neral of the United Netherlands^ concluded at the 
Hague the r r r February, 166^. 

WHEREAS, by the bleffing of Almighty God, 
for the mutual fafety of the two parties, as well as the 
common good of Chriftendom, a perpetual defenfive 
treaty was concluded, and figned on the 2jd day of 
January laft pad, between the moft Serene and moft 
Potent Prince Charles the Second, and the High and 
Mighty Lords the States General of the United Ne- 
therlands, with ftipulation of confiderable fuccours, to 
be mutually given by the parties, as well by fea as 
land : And whereas the faid King and States did on 
the fame day, and by another inftrument, readily en- 
ter into a folemn treaty and agreement, for compofmg 
the affairs of their neighbours, and rcftoring peace to 
Chriftendom ; fo as nothing feems now remaining that 
can at any rime hereafter interrupt a friendihip and al- 
liance renewed with fo ecjual defires, unlefs luch con- 
troverfies as may othcrwife hereafter happen to arife 
about determining the different forts and natures of 
merchandize, which being left dubious and uncertain, 
would give occafion to the further growth of fuch dif- 
ferences: And therefore, that it may appear with what 
fmcerity and good faith the laid King, and the laid 
States, defire to preferve and entertain, not only for 
the prefcnt, but to all poftrrity, the amity they lately 
contracted between them, they have at laft, for the 
taking away all grounds, not only of differences and 
mifunderftandings, but even of queftions and difputes ; 
and fo utterly to cut off" the hope and expectation of 
thofe, whoever they are, that may think it their inte- 
reft, by new controverfies, to endeavour the difturbance 
or interruption of the faid peace, mutually agreed on 
thefe following articles, which are to be on both fides, 
and for ever, obfervcd as the meaiure and rule of fuch 
maritime affairs, and mutual ictdement of trade, or 
at left fo long, till, by the joint confent of both par- 
ties, commiffioners be appointed, and do meet in or- 
der to the framing a more full and ample treaty con- 
cerning 



1788.] WITH THE STATES GENERAL. 163 

cerning this matter, and the laws and rules of com- 
merce and navigation ; as by farther experience fhall 
be found moft advantageous to the common good of 
both parties* 

I. All the fubjects and inhabitants of Great Britain 
may, with all fafety and freedom, fail and traffic in all 
the kingdoms, countries, and eftates, which are or fhall 
be in peace, amity, or neutrality with Great Britain, 
without being troubled or difquieted in that liberty 
by the fhips of war, gallies, frigates, barques, or other 
vefTels belonging to the States General, or any of their 
fubjeds, upon occafion and account of the hoftilities 
which may hereafter happen between the faid States 
General and the abovefaid kingdoms, countries, and 
eftates, or any of them, which are or fhall be in peace, 
amity, or neutrality with Great Britain. 

II. This freedom of navigation and traffic Ihall 
extend to all forts of merchandize, except thofe of 
contraband. 

III. This term of Contraband goods is underftood 
to comprehend only all forts of fire-arms and their 
appurtenances; as cannon, mufquets, mortar-pieces, pe- 
tards, bombs, granadoesj fire-crancels, pitched hoops> 
carriages, refts, bandeliers, powder, match, falt-petre, 
bullets, pikes, fwords, morions, head-pieces, coats of 
mail, halberts, javelins, horfes, great faddles, holfters, 
belts, and other utenfils of war, called in French, Afibr- 
tiflemens fervans a Pufage de la guerre. 

IV. In this quality of contraband goods, thefe fol- 
lowing fhall not be comprehended; corn, wheat, or;, 
other grain, and pulfe ; oils, wines, fait, or generally 
any thing that belongs to the nourifhment and fufte- 
nance of life, but fhall remain free as other mer- 
chandize and commodities not comprehended in the 
precedent article; and the tranfportation of them fhall 
be permitted even unto places in enmity with the faid 
States General, except fuch cities and places as are 
befieged, blocked up, or invefted. 

M 2 V. It 



164 TREATIES [1578 

V. It hath been agreed, for the due execution of 
what is abovefaid, that the fhips and barques of the 
Englifh, laden with merchandize, being entered into 
any port of the faid States General, and purpofing to 
pafs from thence unto the ports of their enemies, {hall 
be only obliged to fhew unto the officers of the port 
of the faid States, out of which they would go, their 
paflports, containing the fpecification of the lading of 
their fhips, atteiled and marked with the ordinary 
feal of the officers of the admiralty of thofe places 
from whence they firft came, with the place whither 
they are bound, all in the ufual and accuftomcd form : 
after which (hewing of their paflports in the form 
aforefaid, they may not be difquieted nor fearched, 
detained nor retarded in their voyages, upon any pre- 
tence whatfoever. 

VI. The fame courfe fhall be ufed in regard of the 
Englifli. fhips and veflels whicli fhall come into any 
roads of the countries under the obedience of the faid 
States, not intending to enter into the ports, or being 
entered thereinto, not to unlade and break bulk j 
which fhips- may not be obliged to give account of 
their lading, but in cafe of fufpicion that they carry 
unto the enemies of the faid States any contraband 
goods, as was abovefaid. 

VII. And in cafe of fuch apparent fufpicion, the 
faid fubjects of his Majefry fhall be obliged to fhew 
in the ports their paflports in die form above fpecified. 

VIII. But if they were come within the roads, or 
were met in the open fca by any of the faid States 
fhips, or private men of war of their fubjectsj for avoid- 
ing of all diforder, the faid fhips of the United Pro- 
vinces, or of their fubjefts, fhall not come near within 
cannon-fhot of the Englifh, but fhall fend out their 
long-boat, and caufe only two or three men to go on 
board the Englifli fhips or veffels, unto whom the 
paflports and certificates of die propriety of the fhips 
fhall be fhewn by the mafter or captain of the Englifh 



1788.] WITH THE STATES GENERAL. 165 

fhip, in the manner above fpecified, according to the 
form of the faid certificates which fhall be inferted at 
the end of this treaty ; by which paflports and certifi- 
cates proof may be made not only of the lading, but 
alfo of the place of the abode and refidence of the 
mafter or captain, and name of the fhip itfelf ; to the 
end that by thefe two ways it may be known whether 
they carry contraband goods, and that the quality as 
well of the faid fhip, as of its mafter or captain, may 
fufficiently appear: unto which paflports and certifi- 
cates entire faith and credit fhall be given. And to 
the end that their validity may be the better known, 
and that they may not be in any wife falfified and 
counterfeit, certain marks and counterfigns of his Ma- 
jeily and the faid States General fhall be given unto 
them. 

IX. And in cafe any merchandize and commodi- 
ties of thofe kinds which are before declared to be con- 
traband and forbidden, fhall by the means aforefaid be 
found in the Englifh fhips and veffels, bound for the 
ports of the faid States enemies, they fhall be unla- 
den, judicially proceeded againft, and declared confif- 
cate before the judges of the admiralty of the United 
Provinces, or other competent officers : but fo that 
the fhip and veffel, or other free and allowed goods, 
merchandize, and commodities found in the fame 
fhip, may not for that caufe be in any manner feized 
or confifcate. 

X. It is furthermore agreed and covenanted, that 
whatsoever fhall be found laden by his Majefty's fub- 
jects upon a fhip of the enemies of the faid States, al- 
though the fame were not contraband goods, fhall 
yet be confifcate, with all that fhall be found in the faid 
fhip, without exception or refervation: but on the 
other fide alfo, all that fhall be found in the fhips be- 
longing to the King of Great Britain's fubjects, fhall 
be free and diicharged, although the lading or part 
thereof belong to the faid States enemies j except con- 

M 3 traband 



i66 TREATIES [1578 

traband goods, in regard thereof fuch rule fhall be 
obferved as hath been ordered in the precedent ar- 
ticles. 

XI. All the fubjects and inhabitants of the faid 
United Provinces mall reciprocally enjoy the fame 
rights, liberties, and exemptions, in their trade and 
commerce upon the coafts, and in the ports, roads, 
feas, and eftates of his faid Majefty (as was now faid) 
which his faid Majefty's fubje&s lhall enjoy in thofe of 
the faid States, and in open fea ; it being to be un- 
derftood, that the equality fhall be mutual every way 
on both fides, even in cafe the faid States Ihould here- 
after be in peace, amity, and neutrality with any 
Kings, Princes, and States, who fhould become ene- 
mies to his faid Majefty ; fo that either of the parties 
are mutually to ufe the fame conditions and reftric- 
tions exprefied in the articles of this prefcnt treaty, 
which regard trade and commerce. 

XII. And the more to aflure the fubjefts of the 
faid States, that no violence fhall be offered them by 
the fhips of war belonging to his Majefty of Great 
Britain, or his fubje&s, all the captains of the King's 
fhips, and all his Majefty's fubje<5ts that fet out pri- 
vate men of war, fhall be charged and enjoined not 
to moleft or endamage them in any thing whatfoever, 
upon pain of being punifhed and made anfwerable in 
their perfons and goods for all cofts and damages, 
until due reftitution and reparation be made. 

XIII. And for this caufe the captains and capers 
fhall from henceforth every one of them be obliged, 
before they go out, to give good and fufficient fecu- 
rity, before competent judges, in the fum of fifteen 
hundred pounds fterling, or fifteen thoufand livres 
tournois, that they will give full fatisfaftion for any 
injuries or wrongs they may commit in their courfes at 
lea, and for their captains and officers that fhall vio- 
late this prcfent treaty, and the orders and proclama- 
tions of his Majefty, which fhall be publifhed by vir- 
tue 



1788.] WITH THE STATES GENERAL. 167 

me and in conformity to the regulation therein made; 
upon pain of forfeiting their faid commiffions and li- 
cences : which fhall in like manner be pra&ifed by the 
fubjects of the faid States General. 

XIV. If it fhould happen that any of the faid French 
captains fhould make prize of a vefTel laden with con- 
traband goods, as hath been faid, the faid captains 
may not open nor break up the chefts, mails, packs, 
bags, cafk, or fell, or exchange, or otherwife alienate 
them, until they have landed them in the prefence of 
the judges or officers of the admiralty, and after an 
inventory by them made of the faid goods found in 
the faid vefTels j unlefs the contraband goods making 
but a part of the lading, the mafter of the fhip fhould 
be content to deliver the faid contraband goods unto 
the faid captain, and to purfue his voyage : in which 
cafe the faid mafter fhall by no means be hindered 
from continuing his courfe and the defign of his 
voyage. 

XV. His Majefty being defirous that the fubjefts 
of the faid States may be ufed, in all countries under 
his obedience, as favourably as his own fubjects, will 
give all neccffary orders, that judgments and decrees 
upon prizes which lhall happen to be taken at fea, may 
be given with all juflice and equity, by judges not 
fufpeded nor concerned in the matter under debate : 
and his Majefty will give precife and effectual orders, 
that all decrees, judgments, and orders of juftice, al- 
ready given and to be given, may be readily and duly 
executed according to the tenor of them. 

XVI. And when the ambaffadors of the faid States 
General, or any other of their public minifters refid- 
ing in his Majefty's court, fhall make complaint of 
the judgments which fhall be given, his Majefty will 
cauie a review to be made of the faid judgments iri 
his council, to examine whether the order and precau- 
tions contained in the prefent treaty have been fol- 
lowed and obferved, and to provide for the fame ac- 

M 4 cording 



i63 TREATIES [1578 

cording to right and equity; which fliall be done 
within the fpace of three months at the fartheft: ne- 
verthelefs, neither before the firlt judgment, nor after 
it, during the time cf the review, the goods and effec'ts 
which are reclaimed may not be fold or unladen, 
unlefs it be with the confent of die parties interefted, 
to avoid the fpoiling of the faid commodities, if they 
be perifhable. 

XVII. When procefs fliall be moved in the firft or 
fecond inftance between thofe that have taken the 
prizes at fea, and the perfons interefted therein, and 
the faid interefted perfons {hall come to obtain a fa- 
vourable judgment or decree, the faid judgment or 
decree fliall have its execution upon fecurity given, 
notwithftanding the appeal of him that took the prize ; 
but the fame fhall not hold on the contrary, where the 
fentence goes againft the claimers. And that which is 
faid in this prefent and in the precedent articles, for 
the caufing of good and fpeedy juftice to be done 
unto the fubjects of the United Provinces in the mat- 
ter of prizes taken at fea by his Majefty's fubje&s, 
lhall be underftood and practiced by the States General, 
in regard of prizes taken by their fubjec"b from thofe 
of his Majefty. 

XVIII. But fmce the conveniences arid inconveni- 
ences of things and agreements cannot be difcovered 
but in procedure of time, and by obfervations drawn 
from mutual experience, it is therefore agreed between 
the faid King of Great Britain and the faid Lords the 
States of the United Netherlands, that at any time 
hereafter, when both parties fliall fo think it fitting, 
certain commiflloners by each party refpectively chofen, 
fliall meet by the common confent of both ; who fliall 
make it their care and bufinefs to fupply whatever 
fhall be found wanting in the aforementioned articles, 
to change or limit whatever fhall not be convenient 
and commodious for both, and fully compleat a further 
treaty, both concerning tliefc things and all other' die 
laws of navigation. 

XIX. All 



WITH THE STATES GENERAL. 169 
XIX. All thefe agreements, and all and every thing 
therein contained, fhall be confirmed and ratified by 
the faid King of Great Britain and the States Gene- 
ral of the United Provinces, by letters patents of 
both parties, fealed with their great feal in due and 
authentic form, within four weeks next cnfuing, or 
fooner if it may be, and mutual inftruments lhall be, 
exchanged by each party within the time aforefaid. 

Here follow certain forms, whereof mention is made in 
the eighth article, 

A Form of the Certificates that ought to be given ly 
thofe that have the ordinary Fewer of the Admiralty 
of England, to the Ships and Vejjeh that go out 
thence, according to the Eighth Article of the prefent 
Treaty. 

high admiral of England, 
to all who fhall fee thefe prefents, greeting. 

Thefe are to certify, that we have granted leave and 
permiflion to mafter and captain 

of the Ihip called of ^ ci jy of 

of the burthen of 

tons, or thereabouts, being at prefent in the port and 
haven of to go to l aden 

Wld j , after fearch fhall have been 

made of his fhip, and he before his departure fhall 
have made oath before the officers that exercife the 
jurifdiclion of maritime caufes, that the laid veffel 
doth belong to one or more of his Majefty's fubjedh 
aq aft whereof fhall be put at the bottom of thefe 
prefents, as alfo to keep and caufe to be kept by thofe 
aboard him, the orders and rules of the marine, and 
lhall put into the regiftry a lift figned and certified, 
containing the names and furnames, the nativity and 
habitation of the men that are aboard him, and of all 
that fhall embark themfelves, whom he may not take 
on board without the knowledge and permiffion of the 
marine officers ; and in every port or haven where lie 

ihall 



, 7 o TREATIES [1578 

Aall enter with his (hip, (hall (hew the officers and 
marine judges this his prefent licence, and, having fi- 
nifhed his voyage, fhall make faithful relation of what 
hath been done and hath pafied during all the time of 
his faid voyage, and lhall carry the flags, arms, and 
colours of his Majefty throughout his whole voyage. 
In witnefs whereof, we have figned thefe prefents, and 
caufed the feal of our arms to be put thereunto, and 
the fame to be counterfigned by our fecretary of the 
marine, the day of 

one thoufand fix hundred 

Signed 

And underneath, 

By and fealed with the fcal of 

the arms of the faid high admiral. 

A Form of tbe AtJ containing the Oath to be taken by the 
Mafter or Captain of tbe Ship. 

WE of the admi- 

ralty of do certify, that 

mafter of the fhip named in the 
pafTport above, hath taken the oath therein mentioned. 
Given at the day of 

pne thoufand fix hundred, &c , 

In teftimony whereof we have hereunto fee our 
* hands. 

The Form of tbe Certificates that ought to be given by 
the Burgomajiers of tbe Cities and Sea-ports of tbe 
United Provinces, to tbe Ships and ye/els that go 
from thence^ according to tbe Eighth Article above- 
Jaid. 

TO the moft Serene, moft Illuftrious, mod Mighty, 
mod Noble, Honourable, and Prudent Lords, Empe- 
rors, Kings, Commonwealths, Princes, Dukes, Comtes, 
Barons, Lords, Burgomafters, Sheriffs, Counfellors, 
Judges, Officers, Juftices, and Regents of ajl cities and 

places, 



1788.] WITH THE STATES GENERAL. 179 

places, as well ecclefiaftical as fecular, who lhall fee or 
read thefe prefents. We burgomallers and governors 
of the city of do certify, that 

fliip-mafter, appearing before us, hath declared by 
folemn oath, that the fhip called 
containing about lafts, of which he 

is at prefent the matter, belongeth to inhabitants of 
the United Provinces, So help him God: and, as 
we would willingly fee the faid ihip-mafter affifted 
in his juft affairs, we do requeft you, and every of 
you, where the abovefaid matter Jhall arrive with his 
fhip and goods, that you will pleafe to receive him 
courteoufly, and ufe him kindly, admitting him, upon 
paying the ufual dues, tolls, and other cuftoms, to 
enter into, remain in, and pafs from your ports, rivers, 
and territories, and there to trade, deal, and nego- 
tiate in any part or place, in fuch fort and manner 
as he fhall defire. Which we fhall moft readily ac- 
knowledge in the like occafion. In witnefs whereof 
we have caufed the feal of our city to be thereunto 
put. 

In witnefs and confirmation of all and every part 
whereof, we the commifiioners of his faid Ma- 
jetty the King of Great Britain, and of the 
faid Lords the States General, having fu/Ecient 
power given us thereunto, have figned thefe tables, 
and fealed them with our feals. At the Hague ij 
Holland, the xyth of February in the year one 
thoufand fix hundred fixty-eight, 

De Gellitum, G. Hoolck, 

E. d'Jfteren, V. Unckell, 

John de Witt, Jan. Van IJfelmuden, 

Van Crommon, L. <T. Van Siarckenborck, 



[The 



yfi TREATIES [1578 

[The following is printed from the copy publiflied by 
authority in 1686.] 

Articles of Peace between the moft Serene and Mighty 
Prince, Charles the Second, by the Grace of God, 
King of England, Scotland, France, and Ireland, 
Defender of tbe Faith, &c. and tbe High and Mighty 
Lcrds tbe States General of tbe United Nether- 
lands} concluded at Weftminfter tbe -? Day of 
February, 167*. 

I. IT is concluded and agreed, that from this day 
there fhall be a firm and inviolable peace, union, and 
friendfhip betwixt his Majefty the King of Great Bri- 
tain, and the High and Mighty Lords, the States 
General of the United Provinces, and betwixt all their 
fubjects, whether within Europe or without, in all 
regions and places whatfoever. 

' II. That this good union betwixt the abovefaid 
King and the faid States General may the fooner take 
its effect, it is by them agreed and concluded, that 
immediately upon the publication of this treaty of 
peace, all actions of hoftility ftiall on both fides be 
immediately forbid, and no commifiion, inftruction, 
or order, privately or publicly, dire<5tly or indirectly, 
be on either fide given or countenanced, for the infeft- 
ing, attacking, fighting, or fpoiling of each other, their 
dominions or fubjects; but, on the contrary, all peace- 
able and amicable comportments enjoined to the fub- 
jects of both nations. 

III. But in refpect the diftances of places are fa 
different, that the orders and commands of the refpec- 
tive fovereigns cannot at the fame time reach all their 
fubjects, it hath been thought fit to appoint thefe fol- 
lowing limjts for the committing any acts of hoftility 
or force upon each other; viz. that after the expiration 
of twelve days next following the publication of this 
treaty, no hoftility fhall be acted from the Sound- 
ings to the Naz in Norway j nor after the term of fix 

weeks 



1788,] WITH THE STATES GENERAL. ,173 

weeks, betwixt the Soundings and Tangier; nor after 
the term of ten weeks, betwixt the faid Tangier and 
the Equator, neither in the Ocean, Mediterranean, or 
elfewhere; nor after the term of eight months, in any 
part of the world : and whatfoever actions of hoftility 
and force fhall be committed after the expiration of 
the aforefaid terms, upon colour of whatfoever former 
commiflion, letters of mart, or the like, fhall be 
deemed as illegal, and the actors obliged to make 
reparation and fatisfaction, and punilhed as violators of 
the public peace. 

IV. That the aforefaid States General of the United 
Provinces, in due acknowledgment on their part of the 
King of Great Britain's right to have his Mag refpefted 
in the feas hereafter mentioned, fhall and do declare 
and agree, that whatever fhips or veflels belonging to 
the laid United Provinces, whether veflels of war or 
others, or whether fingle or in fleets, fhall meet in any 
of the feas from Cape Finifterre to the middle point 
of the land Van Staten in Norway, with any Ihips or 
vefiels belonging to his Majefly of Great Britain, 
whether thofe Ihips be fingle or in greater number, if 
they carry his Majefty of Great Britain's flag or jack, 
the aforefaid Dutch veflels "or fhips fhall ftrike their 
flag and lower their top-fail, in the fame manner and 
with as much refpect as hath 'at any time, or in any 
place, been formerly practifed towards any fhips of his 
Majefty of Great Britain or his predeceflbrs, by any 
fhips of the States General or their predeceflbrs. 

V. Whereas the colony of Surinam, and the articles 
made upon the furrender thereof 1667, betwixt Wil- 
liam Biam, then governor thereof for his Majefly of 
Great Britain, and Abraham Quirini, commander for 
the States General, have in the execution of them ad- 
miniflered much occafion of 'dilpute, and contributed 
much to the late mifunderftanding betwixt his Majefty 
and the faid States General} to remove all grounds of 
future miftakes,the faid States General do by thefe pre- 

lents 



1 74 TREATIES [157* 

fents agree and covenant with the faid King of Great 
Britain, that not only the fore-named articles fhall be 
executed without any manner of tergiverfation or equi- 
vocation; but that likewife it lhall be free for his Ma- 
jefty to depute one or more perfons thither, to fee the 
condition of his fubjecls there, and to adjuft with them 
a time for their departure ; and that it fhall be lawful 
for his Majefty to fend one, two, or three ihips at one 
time, and thereon to embark and carry away the faid 
fubjects, their goods, and (laves; and that the then 
governor there for the States General (hall not make 
or execute any law, whereby the buying or felling of 
land, paying of debts, or commutation of goods, 
fhall be otherwife qualified to the Englifh, than it hath 
or (hall be to all other inhabitants of the colony; but 
that during their (lay they (hall enjoy the fame laws 
and privileges of fuing for debts, and paying their 
debts, making bargains and contracts, as hath been 
ufually practifed amongft the other inhabitants; and 
that whenfoever his Majefty of Great Britain fhall 
defire of the States General fufficient and authentic 
letters to the governor of the faid colony, to fuffer 
the laid Englifh to depart, and permit the coming of 
the faid (hips, the faid States General (hall, within 
the fpace of fifteen days after fuch demand, deliver 
unto whomfoerer deputed by his Majefty of Great 
Britain for that purpofe, full and fufficient letters and 
inftructions to their governor there, for permitting the 
arrival of the fhips, as well as the embarking of fuch 
of his Majefty's fubjects as fhall declare themfelvcs 
willing to go away, with their goods and (laves, to be 
tranfported where his Majefty (hall direct. 

VI. It is agreed and concluded, that whatever 
country, iftand, town, haven, caftle, or fortrefs, hath 
been or fhall be taken by either, party from the other, 
fince the beginning of the late unhappy war, whether 
in Europe or elft where, and before the expiration of 
the times above limited for hoftility, fhall be reftored 
to the former owner in the fame condition it lhall be 

in 



1788.] WITH THE STATES GENERAL. 175 

in at the time of the publifhing this peace; after which 
time there fhall be no plundering of the inhabitants, 
or demolifhing of the fortifications, or carrying away 
the artillery and ammunition belonging to any fort or 
caftle at the time of its having been taken. 

VII. That the treaty of Breda, made in the year 
1667, as all other former treaties confirmed by the faid 
treaty, be renewed, and remain in their full iforce and 
vigour, fo far forth as they contradid nothing in this 
prefent treaty. 

VIII. That the marine treaty made at die Hague 
between the two parties in the year 1668, be conti- 
nued for nine months after the publication of this pre- 
fent treaty, unlefs it fhall be otherwife agreed on by a 
fubfequent treaty; and that in the mean time the con- 
fideration of a new one be referred to the fame com- 
rniffioners to whom the trade in the Eaft Indies is re- 
ferred in the fubfequent article. 

But if fuch commiffioners, within three months after 
their firft meeting, fhall not agree upon a new marine 
treaty, then that matter fhall alfo be referred to the 
arbitration of the moft Serene Queen Regent of Spain, 
in the fame manner as the regulation of the Eaft India 
trade is referred to her Majefty in the faid article next 
following. 

IX. In refpeft that upon the mutual, free, and un- 
difturbed enjoyment of trade and navigation, not only 
the wealth, but the peace likewife of both nations is 
moft highly concerned; there ought nothing to be fo 
much the care of both parties as a juft regulation of 
trade, and particularly in the Eaft Indies; and yet, in 
refpect that the weightinefs of the matter requireth 
much time to make firm and durable articles to the 
content and fccurity of the fubjeft on both fides, and 
on the other fide, the bleeding condition of moft part 
of Europe, as well as of the two parties concerned, 
earneftly demand a fpeedy conclufion of this treaty, the 
King of Great Britain is pleafed to condefcend to the 
S defires 



i 7 6 TREATIES [1578 

defires of the States General, to have the confideration 
of die fame referred to an equal number of commif- 
fioners to be nominated by each party, the faid States 
General engaging themfelves to fend thofe of their no- 
mination to treat at London with thofe to be nominated 
by his Majefty; and this within the fpace of three months 
after the publication of this treaty; the number to be 
nominated by each to confift or fix perfons: and in 
cafe that after three months from the time of their firrt 
affembling, they fhall not have the good fuccefs to 
conclude a treaty, the points in difference betwixt 
them lhall be referred to the arbitrament of the mod 
Serene Queen Regent of Spain, who (hall nominate 
eleven commiflioners; and whatfoever the major part 
of them fhall determine, as to the remaining differ- 
ences, fhall oblige both parties; provided Hill, that 
they deliver their judgment within the fpace of fix 
months from the day of their aflembling; which fhall 
likewife be within the fpace of three months after tho 
faid moft Serene Queen Regent of Spain hath accepted 
of the being umpire. 

X. That whereas the moft Serene Queen Regent of 
Spain hath given affurance to his Majefty of Great 
Britain, that the faid States General fhould, upon the 
making of the peace, pay unto his faid Majefty the 
King of Great Britain, the fum of 800,000 patacoons, 
the faid States General do promife and covenant to 
pay the faid 800,000 patacoons in this following man- 
ner, viz* a fourth part as foon as the ratification of 
this treaty fhall be mutually exhibited, and the reft the 
three enfuing years, by equal portions. 

XI. The aforefaid moft Serene King of Great 
Britain, and the faid High and Mighty States General 
of the United Provinces, fhall obferve fmcerely, and 
bond fide, all and fmgular the matters agreed and con- 
cluded in this prefent treaty, and caufe the fame to be 
obferved by their fubjefts and inhabitants; nor fhall 
they direftly or indirectly violate any of them, or foffcr 

them 



1788.] WITH THE STATES GENERAL. 177 

them to be violated by their fubjefts or inhabitants: 
and they fhall ratify and confirm all and every thing 
as before agreed, by letters patent fubfcribed with their 
hands, and fealed with their great feals, conceived and 
written in fufficient, valid, and effectual form; and 
fhall deliver, or caufe the fame to be delivered reci- 
procally, within four weeks after the date of thefe 
prefents (or fooner if it may be) bond fide, really, and 
with effedt. 

XII. Laftly, as foon as the fa id ratifications fhall 
have been duly and mutually exhibited and exchanged, 
the peace fhall be proclaimed at the Hague within 
four and twenty hours after the delivery and exchange 
there made of the faid ratifications. 

Done at Weftminfter the ^ day of February, 1 67^. 



The following is printed from the copy publifhed by 
authority in 1686.] 

A 'Treaty Marine, between the moft Serene and Mighty 
Prince, Charles the Second, by the Grace of God, 
King of England, Scotland, France, and Ireland, 
Defender of the Faith, &c. and the High and 
Mighty Lords, the States General of the United Ne- 
therlandsj to i>e obferved throughout all and every the 
'Countries and Parts of the World, by Sea and Land. 
Concluded at London the Firft Day of December, 
1674, S. V. 

I. THAT it fhall and may be lawful for all and 
tvery the fubjefts of the moft Serene and Mighty 
Prince, the, King of Great Britain aforefaid, with all 
freedom and fafety to fail, trade, and exercife any man* 
ner of traffic in all thofe kingdoms, countries, and 
eftates-, which are, or at any time hereafter fhall be 
in peace, amity, or neutrality with his faid Majefty; 

VOL. I. N io 



J? S TREATIES [1578 

fo ^that they (hall not be any ways hindered or mo- 
lefted in their navigation or trade, by the military forces, 
nor by the (hips of war, or any other kind of vefiels 
whatsoever, belonging either to the High and Mighty 
States General of the United Netherlands, or to their 
fubjefts, upon occafion or pretence of any hoftility or 
difference which now is, or fhall hereafter happen be- 
tween the faid Lords the States General, and any 
princes or people whatsoever in peace, amity, or neu- 
trality with his laid Majefty : and likewife, that it fhall 
and may be lawful for all and every the fubjefts of the 
faid High and Mighty Lords the States General of 
the United Netherlands, with all freedom and fafcty 
to fail, trade, and cxercife any manner of traffic in 
all thofc kingdoms, countries, and cflates, which are, 
or at any time hereafter lhall be in peace, amity, or 
neutrality with the aforefaid Lords the States ; fo that 
they (hall not be any ways hindered or moleftcd in their 
navigation or trade, by the military forces, nor by the 
(hips of war, or any other kind of veflels whadbever, 
belonging cither to the mod Serene and Mighty King 
above mentioned, or to his fubjefts, upon occafion or 
pretence of any hoftility or difference, which now is, 
or fhall hercafcer happen between his faid Majefty and 
any princes or people whatfoever, in peace, amity, or 
neutrality with the laid Lords the States. 

II. Nor (hall this freedom of navigation and com- 
merce be infringed by occafion or caufe of any war, 
in any kind of merchandizes, but fhall extend to all 
commodities which (hall be carried in time of peace ; 
thofe only excepted which follow in the next article, 
and are comprehended under die name of Contraband. 

III. Under this name of Contraband or prohibited 
merchandizes lhall be comprehended only arms, pieces 
of ordnance, with all implements belonging to them, 
fire-balls, powder, match, bullets, pikes, fwords, lances, 
fpears, halberds, guns, mortar- pieces, petards, grana- 

docs, 



1738.] WITH THE STATES GENERAL. 179 

does, mufquet-refts, bandeliers, falt-petre, mufquets, 
mufquet-fliot, helmets, corflets, breaft-plates, coats of 
mail, and the like kind of armature, foldiers, horfes, 
and all things necefiary for the furniture of horfes, hoi- 
fters, belts, and all other warlike inftruments what- 
foever. 

IV. Thefe merchandizes following fhall not be rec- 
koned among prohibited goods, viz. all kind of cloth; 
and all other manufactures woven of any kind of wool* 
flax, filk, cotton, or any other material; all forts of 
clothing and veftments, together with the materials 
whereof they ufe to be made; gold and filver, as well 
coined as not coined; tin, iron, lead, copper, and 
coals; as alfo wheat, barley, and all other kind of corn 
or pulfe ; tobacco, and all kind of fpices, faked and 
fmoked fleih, Hiked and dried fifh, butter and cheefe, 
beer, oils, wines, fugars, and all fort of fait; and in 
general, all provifion which ferves for the nourifhment 
and fuftenance of life ; likewife all kind of cotton, 
hemp, flax, and pitch; and ropes, fails, and anchors; 
alio mails and planks, boards and beams of what fort 
of wood foever, and all other materials requifite for 
the building or repairing Ihips, but they fhall be wholly 
reputed amongft free goods, even as all other wares 
and commodities which are not comprehended in the 
next precedent article; fo that the fame may be freely 
transported and carried by the fubjcfts of his faid 
Majefty, even unto places in enmity with the faid 
States, as alfo on the other fide, by the fubjecls of 
the faid States, to places under the obedience of the 
enemies of his faid Majefty; except only towns or 
places befieged, environed, or inverted, in French, 
Blocquees ou invefties. 

. m V. And that all manner of differences and conten- 
tions on both fides, by fea and land, may from hence- 
forth ceafe and be utterly extinguifhed, it is agreed, 
that all kind of {hips and vefTels whatfoever, belong- 
ing to the fubjefts of his faid Majefty, entering or 
N 2 being 



!8o TREATIES [1578 

being entered into any road or port under the obedience 
of die Lords die States, 'and purpofing to pals from 
thence, fhall be only obliged to fhew unto the officers 
acting in the ports of the faid States, or to the captains 
of the States ihips, or of private men of war (if any 
happen there to be) their paflport, commonly called 
a fea-brief (the form whereof is added at the end of 
thefe articles) nor (hall any money, or any thing elfe 
Be exacted from them under that pretence; but if any 
/hip belonging to the fubjcfh of his Majefty of Great 
Britain fliall, in the open fea, or elfewhere, out of 
the dominions of the faid States, meet the (hips of 
war of the faid Lords the States, or private men of 
war of their fubjects, the faid fhips of the Lords the 
States, or of their fubject% fhall keep at a conveni- 
ent diltance, and only lend out their boar, and it fhall 
be lawful for them only with two or three men, to go 
on board the fhips and vefTds of the fubjects of his 
Majefty, that the paflport (or fea-brief) of the pro- 
priety thereof, according to the form hereafter fpecified, 
may be fhewn to them by the captain or mafter of 
fuch fhip or veflel belonging to the fubjects of his Ma- 
jefty j and the fhip which fhall fhew the fame fhall 
freely pafs,. and it fhall not be lawful to moleft, fearch, 
detain, or divert the fame from her intended voyage : 
and all the fubjects of the Lords the States fhall enjoy 
in all things the fame liberty and immunity, they in 
like manner fhewing their paflport (or fea-brief) made 
according to the form prclcribed at the latter end of 
this treaty. 

VI. But if any fhip or veflel belonging to the 
Englilh, or other fubjects of his Majefty, fhall be met 
making into any port in enmity with the Lords the. 
States; or on the other fide, if any fhip belonging to 
the United Provinces of the Netherlands, or other 
fubjects of the Lords the States, fhall be met in her 
way making into any port under the ooedience of the 
enemies of his faid Majefty, fuch fhip fhall fhew, not 
only a paflport (or fea-brief) according to the form' 
3 hereunder 



1788.] WITH THE STATES GENERAL, igi 

hereunder prefcribed, wherewith fhe is to be furnifhedj 
but alfo her cocquets, exprefiing the contents of the 
goods on board, given in. the ufual form, by the offi- 
cers of the cuftoms in the port from whence Ihe came, 
whereby it may be known whether fhe is laden with 
any merchandizes prohibited by the third article of this 
treaty. 

VII. But if by the (hewing the abovefaid cocquets 
expreffing the contents of the goods on board, given 
in the ufual form by the officers of the cuftoms in the 
port from whence ihe came (concerning the fheving 
whereof it is above agreed) either party Ihall difcover 
any kind of merchandizes which in the third article of 
this treaty are declared to be contraband or prohibited, 
configned to any port under the obedience of their 
enemies, it Ihall not be lawful to open the hatches of 
fuch fhip in which the fame fhall happen to be found, 
whether fhe belongs to the fubjefts of his Majefty, or 
of the Lords the States, nor to unlock or break open 
the chefts, mails, packs, or caiks in the fame, nor to 
convey away any the lead part of the merchandizes, 
before the whole be firft landed in the prefence of the 
officers of the admiralty, and inventoried; neither 
fhall it be any ways lawful to fell, exchange, or other- 
wife to alienate the fame, until fuch prohibited goods 
are rightly and lawfully proceeded againft, and that the 
judges of the admiralty have by their refpective fen- 
tences confifcated the fame : provided always, that as 
well the fhip itfelf, as the reft of the commodities 
found in the fame, which by this treaty are to be re- 
puted free, fhall not, upon pretence of their being in- 
fected by fuch prohibited goods, be detained, much 
lefs confifcated for lawful prize ; but if not the whole, 
but a part only of the lading confifts of contraband or 
prohibited commodities, and that the mafter of the fhip 
fhall be willing and ready to deliver them to the captor 
who feized the fame, in that cafe the captor fhall not 
compel the fhip to go out of her, courfe, to any port 
he thinks fit, fcut fhail forthwith difmifs her, and upon 
N no 



x*2 TREATIES [1578 

no account hinder her from freely profecuting her de- 
figned voyage. 

VIII. It is further agreed, that whatfoever ihall be 
found laden by his Majefty's fubjects, upon any fhip 
whatfoever belonging to the enemies of the Lord: the 
States, although the fame be not of the quality of con- 
traband goods, may be confifcated; but on the con- 
trary, all that which (hall be found in the fhips belong- 
ing to the fubjefb of his Majefty fhall be accounted 
clear and free, although the whole lading, or any part 
thereof, by juft title of propriety, Ihall belong to the 
enemies ^of the Lords the States; except always con- 
traband goods, which being intercepted, all things 
fhall be done according to the meaning and direction 
of the precedent articles; and by the fame reafon, 
whatfoever fhall be laden by the fubje&s of the Lords 
the States, in any fhip whatfoever belonging to the 
enemies of his Majefty, although the fame be not of 
the quality of contraband goods, may be confifcated; 
but on the other fide, all that which fhall be found in 
the fhips belonging to the fubjects of the Lords the 
States, fhall be accounted clear and free, although the 
whole lading, or any part thereof, by juft title of 
propriety, fhall belong to the enemies of his Majefty; 
except always contraband goods, which being inter- 
cepted, all things fhall be done according to the mean- 
ing and direction of the precedent articles. And left 
any damage fhould by furprize- be done to the one 
party who is in peace, when the other party fhall hap- 
pen to be engaged in war, it is provided and agreed, 
that a fhip belonging to the enemies of the one parry, 
and laden with goods of the fubjects of the other party, 
fhall not infect or render the faid goods liable to con- 
fifcation, in cafe they were laden before the expiration 
of the terms and times hereafter mentioned, after the 
declaration or publication of any fuch war; viz. if die 
goods were laden in any port or place between the 
places or limits called the Soundings, and the Naz in 
Norway, within the fpace of fix weeks after fuch de- v 

darationj 



1-788.] WITH THE STATES GENERAL. 183 

claration; of two months, between the filid place the 
Soundings, and the city of Tangier ; and of ten weeks, 
in the Mediterranean Sea; or within the fpace of 
eight months in any other country or place of the 
world j fo that it fhall not be lawful to confifcate the 
goods of the fubjects of his Majefty, taken or feized in 
any fhip or veflel whatfoever of any enemy of the Lords 
the States, upon that pretence, but the fame lhall be 
without delay reflored to the proprietors, unlefs they 
were laden after the expiration of the laid terms of 
time refpectively ; but ib that it may not be lawful 
for them afterwards to carry to enemies ports the 
faid merchandizes which are called contraband, and 
for the reafon afore faid fhall not be liable to confifca- 
tion; neither, on the other fide, fhall it be lawful to 
confifcate the goods of the fubjects of the Lords die 
States, taken or feized in any fhip or veffel whatfoever 
of an enemy of his Majefly, upon that pretence j but 
the fame fhall be forthwith reftored to the proprietors 
thereof, unlefs they were laden after the expiration of 
the faid terms of time refpectively; but fo, that it may 
not be lawful for them afterwards to carry to enemies 
ports the faid merchandizes which are called contra- 
band, and for the reafon aforefaid lhall not be liable to 
confifcation. 

IX. And the more to afllire the fubjects of his Ma- 
jefly and of the faid States, that no injury fhall be of- 
fered to them by the fhips of war or private men of 
war of either fide, all the captains of the fhips, as 
well of his Majeily as of the faid States, and all their 
fubjects who fhall fet out private men of war, and 
likewife their privileged companies, fhall be enjoined 
not to do any injury or damage whatfoever to the other j 
which if they do, they fhall be punifhed, and more- 
over be liable to fatisfy all cofls and damages, by re- 
ftitution and reparation, upon pain and obligation of 
perfon and goods. 

N 4 X. For 



i84 TREATIES [1578; 

X. For this caufe, all the commanders of private 
men of war lhall from henceforth be obliged, before 
they receive their cornmifiions, to enter, before a com- 
petent judge, good and fufficient fecurity, by able and 
refponfible men, who have no part or intereft in fuch 
/hip, in the fum of fifteen hundred pounds fterling, or 
fixteen thoufand five hundred gilders; and when they 
have above one hundred and fifty men, then in the fum 
of three thoufand pounds fterling, or three and thirty 
thoufand gilders, that they will give full fatisfaction 
for any damages or injuries whacfoever, which they 
or their officers, or others in their fervice, lhall com- 
mit in their courfes at fea, contrary to this prefent 
treaty, or any other whatfoever, between his Majefty 
and the faid States, and upon pain of revocation and 
annulling their faid commiflions, in which it (hall be 
always inferted, that they have given fuch fecurity as 
abovefaid; and likewife it is agreed, that the fhip itfdf 
lhall be alfo liable to make fatisfaftion for injuries and 
damages done by her. 

XI. His Majefty and the faid States, being defirous 
that the fubjefh of each other may be mutually treated, 
in all countries under their obedience refpeftively, witK 
the like kindnefs as their own fubje&s, will give all 
necefiary and effectual orders, the judgments upon 
prizes taken be given according to the rule of juftice 
and equity, by judges beyond all fufpicion, and not 
any way concerned in the caufc under debate ; and his 
Majefty and the faid States will likewife give ftrid 
orders that all fentences already given, and which fhall 
be hereafter given, be (according to the tenor thereof) 
duly put in execution, and obtain their effect. 

XII. And whenfoever the ambafladors of the faid 
Lords the States, or any other their public minifters 
refident at the court of his moft Serene Majefty of 
Great Britain, fhall complain of the unjuftnefs of fen- 
tences which have been given, his Majefty will caufe 
the fame to be reviewed and examined in his council, 

that 



1788.] WITH THE STATES GENERAL. 185 

that it may appear whether the orders and precautions 
prefcribed in this treaty have been obferved, and have 
had their due effecl, and will alfo take care that the 
fame be fully provided for, and that right be done to 
the party complaining, within the fpace of three 
months j and likewife, when the ambaffadors or other 
public minifters of his Majefty, refident with the 
States General, {hall complain of the unjuftnefs of fen- 
tences, the faid States will caufe a review and exami- 
nation thereof to be made in the affembly of the States 
General, that it may appear whether the orders and 
precautions prefcribed in this treaty have been ob- 
ferved, and have had their due effect., and they will 
likewife take care that the fame be fully provided for, 
and that right be done to the party complaining within 
the fpace of three months: nevertheless, it Ihall not 
any ways be lawful to fell or unlade the goods in con- 
troverfy, either before the fentence given, or after it a 
during the review thereof on either fide, unlefs it be 
with the confent of the parties interefled. 

XIII. A fuit being commenced between the takers 
of prizes on the one part, and the claimers thereof on 
the other, and a fentence or decree being given for the- 
party reclaiming, the faid fentence or decree (upon 
fecurity given) fhall be put in execution, notwithftand- 
ing the appeal made by him that took the prize, which 
fhall not be obferved, in cafe the fentence Ihall be given 
againft the claimers. 

XIV. And whereas the matters of merchants fhips, 
and likewife the mariners and paffengers, do fome- 
time fuffer many cruelties and barbarous ufages, when 
they are brought under the power of fhips which take 
prizes in time of war., the takers in an inhuman manner 
tormenting them, thereby to extort from them fuch 
confeffions as they would have to be made; it is agreed, 
that both his Majefty, and the Lords the States General, 
fhall, by the fevereft proclamations or placarts, forbid 
all fuch heinous and inhuman offences, and as many as 

they 



rt6 TREATIES [i 57 S 

they fhall by lawful proofs find guilty of fuch acts, they 
fhall take care that they be punilhed with due and juft 
punifliments, and which may be a terror to others; 
and lhall command that all the captains and officers 
of fhips, who fhall be proved to have committed fuch 
heinous practices, either themfelves, or by inftigating 
others to aft the fame, or by conniving while they 
were done, fhall (befides other punifhments to be 
inflicted proportionably to their offences) be forthwith 
deprived of their offices refpectively; and every fhip 
brought up as prize, whofe mariners or pafiengers lhall 
have fuffered any torture, fhall forthwith be difmifled 
and freed, with all her lading, from all further exami- 
nation and proceedings againft her, as well judicial as 
otherwife. 

XV. It is alfo agreed, that the like feverity of pu- 
nifliments fhall be inflicted upon thole who, comr.uy 
to the meaning of the one and twentieth article of the 
treaty of peace concluded at Breda, fhall take com- 
millions from enemies, to feize the fhips of either ally 
(or party) contrary to what is provided in the faid 
article. 

XVI. Laftly, it is agreed and concluded, that this 
prefent treaty, and all and fingular the tilings therein 
contained, fhall be with all convenient fpecd on b"rh 
fides ratified and confirmed, and that the ratifications 
thereof lhall be, within two months from the date 
hereof, rightly and reciprocally exchanged between 
both parties ; and alfo that the laid treaty fhall, within 
one month after fuch exchanging of the ratifications, 
be delivered in due and authentic form to the gover- 
nors of the Englifh Eaft India and Africa companies, 
and to the dire6tors of the Dutch Eaft and Weft India 
companies, and fhall with the firft conveniency be alfo 
fent by his faid Majefty, and by the faid Lords the 
States, to their refpedive governors and commanders 
in chief of their colonies and plantations in every part 
of the world out of Europe, to the end that it may 

b 



i 7 S8.] WITH THE STATES' GENERAL. 1*87 

be by them, and all others within their dominions and 
under their power, punctually obferved and fulfilled. 

?he Form of the PaJJport (or Sea-brief) to be afked 
of t and given by the Lord High Admiral y or by thefe 
to 'whom the Exercife of Admiralty Jurifdittion is 
ordinarily committed, or by the Mayor or other chief 
Magi/Irate? or by the Commijjioners or other princi- 
pal Officers of the Cuftoms in their refpettive Ports 
and Places within his Majefty's Dominions, to the 
Ships and Veffels jailing out theme, according to the 
Purport of the Fifth Article. 

T O all unto whom thefe prefents fhall come, greet- 
ing. We Lord High Admiral 
of We Lords Commif- 
lioners executing the office of the Lord High Admi- 
ral of or We Judge of 
the High Court of the Admiralty of 
or We the Mayor, or other Ma- 
giftrate of or We Com- 
mifiioners, or principal Officers of the Cuftoms in the 
city or port of do teftify and make 
known, that mafter or commander of 
the fhip called the hath appeared be- 
fore us, and hath declared by folemn oath, that the 
faid fhip or vefTel, containing about 
tons, of which he is at prefent mafter or commander, 
doth belong to the inhabitants of 
within the dominions of the moft Serene and Mighty- 
Prince, the King of England, Scotland, France, and 
Ireland, Defender of the Faith, &c. So help him 
God. And in regard it would be moft acceptable to 
us, that the faid mafter or commander be aflifted in 
his juft and lawful affairs, we do requeft you, and 
every of you, wherefoever the faid mafter or com- 
mander fhall arrive with his fhip, and the goods laden 
on board and carried in her, that you would pleafe to 
receive him courteoufly, and ufe him kindly, and ad- 
mit him, upon paying the lawful and ul'ual cuftoms 

and 
1 



xSS TREATIES [1578 

and other duties, to enter into, remain in, and pafs 
from your ports, rivers, and dominions, and there to 
enjoy all kind of right of navigation, traffic, and com- 
merce, in all places where he {hall think fit ; which 
we (hall mod willingly and readily acknowledge upon 
all occafions. In teftimony and confirmation whereof, 
we have with our hand figncd thefe prefents, and 
caufed them to be fealed with our feal. Dated at 

in the day of 

in the year of our Lord 

<tt>e Form of the Pajpcrt (or Sea-brief) to be a/kedcf, 
and given by the Burgermafters of the Cities and 
Ports of the United Netherlands, to the Ships cr 
Vefels failing from thence, according to the. Purport 
of the Fifth Article. 

TO the mod Serene, mod Illuftrious, moft Migh- 
ty, moft Noble, moil Honourable, and moll Prudent 
Emperors, Kings, Governors of Common wealths a 
Princes, Dukes, Earls, Barons, Lords, Burgermafters, 
Schepens, Counfellors, Judges, Officers, Jullices, and 
Rulers of all cities and places, as well ccclcfiaftical 
as fecular, to whom thele prefents fliall be (hewn , \\ c 
the burgermafters and rulers of the city of 
do certify, that mailer or fkippcr of the 

(hip appeared before us, and declared by 

folemn oath, that the faid (hip, called the 
containing about lafts, of which he is at 

prefent mailer or (kipper, belongeth to the inhabitants 
of the United Netherlands. So help him God. And 
in regard it would be moft acceptable to us, that die 
faid matter or (kipper be aflifted in his juft and law- 
ful affairs, we do requeft you and every of you, where- 
foever the faid mafter or (kipper (hall arrive with his 
(hip, and the goods laden on board and carried in 
her, that you would pleafe to receive him courteoufly, 
and ufe him kindly, and admit him, upon paying die 
lawful and ufual cuftoms and other duties, M enter 
into, remain in, and pafs from your ports,, rivers, iud 

dominions^ 



1788.] WITH -THE STATES GENERAL. 189 

dominions, and there to enjoy all kind of right of na- 
vigation, traffic, and commerce, in all places where 
he ihall think fit ; which we fhall moft willingly and 
readily acknowledge upon all occafions. In teftimony 
and confirmation whereof, we have caufed the feal of 
our city to be hereunto put. Dated at 
in the day of 

in the year of our Lord 

In teftimony and confirmation of* all and fingular 
the premifes, we the commifiioners of his Ma- 
jefty and the Lords the States General aforefaid, 
being fufficiently impowered thereunto, have to 
thefe prefents fubfcribed our names, and fealed 
them with our feals, at London, the firft day of 
December, 1674. 

Tbo. Culpeper J. Corner 

G. Downing G. Sautyn 

^ Richard Ford Samuel Beyer 

Will fhomfin And. Van Voffen 

John Jollife P. Duvelaer 

John Buckworth M. Michielzen. 



[The following is printed from the copy publiflied by- 
authority in 1686.] 

Explanatory Declaration upon certain Articles of the 
Marine 'Treaties^ concluded between his Majefty and 
the States General of the. United Provinces t Fe- 
bruary 17, 166-^-, and December i, 1674. 

WHEREAS fome difficulty hath arifen concern- 
ing the interpretation of certain articles, as well in 
the treaty marine which was concluded the firft day 
of December, 1674, as in that which was concluded 
the 1 7th of February, 166^, between his iMajcfty of 
Great Britain on the one part, and the States Gene- 
ral of the United Provinces of the Lovf Countries on 

the 



j 9 o TREATIES [1578 

the other, relating to the liberty of their refpeftive 
fubjects to trade unto the ports of each other's ene- 
mies; We Sir William Temple, Baronet, Ambaflador 
Extraordinary from his faid Majefty of Great Bri- 
tain, in the name and on the part of his faid Ma- 
jefty ; and We William Van Heuckelom, Daniel Van 
Wyngaerden, Lord of Werckendam, Gafpar Fagel, 
Counfellor and Penfioner of Holland and Weft Fricf- 
land, John de Mauregnault, John Baron of R cede 
and Renfwoude, William de Haren, Grctman of the 
Bilt, Henry Tcr Borgh, and Luke Alting, Deputies 
in die Affcmbly of the faid States General for the 
States of Guelderland, Holland, Zealand, Utrecht, 
Friefland, OverifTcll, Groningen, and the Omlands, in 
the name and on the part of the faid States Gene- 
ral, have declared, as we do by thefe prefcnts declare, 
that the true meaning and intention of the faid arti- 
cles is and ought to be, that fhips and veflcls be- 
longing to the fubjefts of either of the parties, can 
and might, from the time that the faid articles were 
concluded, not only pafs, traffic, and trade from a 
neutral port or place to a place in enmity with the 
other party, or from a place in enmity to a neutral 
place, but alfo from a port or place in enmity, to a 
port or place in enmity with the other party, whether 
the faid places belong to one and the fame Prince or 
State, or to feveral Princes or States, with whom the 
other party is in war. And we declare, that this is 
the true and genuine fenfe and meaning of the faid ar- 
ticles j purfuant whereunto we underftand that the 
faid articles are to be obferved and executed on all oc- 
cafions, on the part of his faid Majefty and the faid 
States General, and their refpe&ive fu'bjefts j yet fo, 
that this declaration (hall not be alledged by either 
party for matters which happened before the conclu- 
fion of the late peace in the month of February, 167^. 
And we do pro.nife, that the faid declaration fhall be 
ratified by his faid Majefty, and by the faid States Ge- 
nera^ and that within two months, or fooner if pofli- 

ble. 



1788.] WITH THE STATES GENERAL. 191 

ble, reckoning from the day and date of this declara- 
tion, the ratifications of the fame fhall be brought hi- 
ther to the Hague, to be here exchanged. In witnefs 
whereof we have figned thefe prefents at the Hague, 
this joth day of December, 1675. 

(L. S.) W. Temple. (L. S.) W. Van Heuckelom. 
(L. S.) D. Van Wyngaerden. 
(L. S.) Gafp, Page!. 
(L. S.) Jo. Mauregnauh. 
(L. S.) John Baron van Reede 

vry Heer van Renfwouds. 
(L. S.) W. Haren. 
(L. S.) H. ?er. Borgb 
(L. S.) L. 



.[The following is printed from the cdpy publiflied by 
authority in 1784.] 

The Definitive Treaty of Peace and Friendship between 
bis Majejly the King of Great Britain, and their 
High Mightiness the States General of the United 
Provinces of the Low Countries. 

In the name of the moft holy and undivided Trinity, 
Father, Son, and Holy Ghoft. So be it. 

B E it known to all thofe whom k fhall or may in 
any manner concern. The moft Serene and moft 
Potent Prince and Lord George the Third, by the 
grace of God, King of Great Britain, France, and 
Ireland, Duke of Brunfwic and Lunenbourg, Arch- 
Treafurer and Eleftor of the holy Roman Empire, &c. 
and the High and Mighty Lords the States General of 
the United Provinces of the Low Countries, havino- 
laid the foundation of peace by the preliminary arti- 
cles figned at Paris the fecond of September laft; and 
his faid Majefty and the faid States General being de- 
firous to complete fo great and faiutary a work, have 

4 named 



, 9 2 TREATIES [1578 

named and authorifed, to wit, on the part of his Bri- 
tannic Majefty, Daniel Hailes, Efq ; his laid Majef- 
ty's Minifter Plenipotentiary to his molt Chriftian 
Majefty j and on the part of their High Mightir 
the faid States General, the moft Noble and moft Ex- 
cellent Lords Mathcw Leftevenon, Lord of Berken- 
roode and Stryen, Deputy to the States General of 
the United Provinces of the Low Countries from the 
province of Hofland, and their Ambaflador in Ordi- 
nary to his Majefty the moft Chriftian King, and 
Gerard Brantfen, Kurgomafter and Senator of the 
city of Arnheim, Counfellor and Grand Mailer of 
the Mint of the Republic, Deputy to the States Gene- 
ral of the United Provinces, and their Ambaflador 
Extraordinary and Plenipotentiary to his moft Chrif- 
tian Majefty : who, after having duly communicated 
to each other their full powers in good form, have 
agreed upon the following articles. 

I. There fhall be a chriftian, univerfal, and perpe- 
tual peace, as well by fea as by land, and a lincere 
and conftant fiiendfliip (hall be re-eftabliflied, between 
his Britannic Majefty, his heirs and fucccfiors, king- 
doms, dominions, and fubjects, and their High Migh- 
tinefies the faid States General, and their dominions 
and fubjects, of what quality or condition foevcr they 
be, without exception either of places or perfons ; fo that 
the high contracting parties (hall give the greateil atten- 
tion to the maintaining between themfelves, and their 
(aid dominions and fubjects, this reciprocal friendfhip 
and intercourfe, without permitting hereafter, on either 
part, any kind of hostilities to be committed, either 
by fea or by land, for any caufe or under any pretence 
uhatfcevcr: and they fhall carefully avoid, for the 
future, every thing which might prejudice the union 
happily re-eftablifhed, endeavouring on the contrary, 
to procure reciprocally for each other, on every oc- 
cafion, whatever may contribute to their mutual glory, 
incerefts, and advantage, without giving any afliftance 
cr protection, directly 'or indirectly, to thofe who would 

do 



1788.] WITH THE STATES GENERAL. 193 

do any injury to either of the high contracting par- 
ties. There ihall be a general oblivion of every thing 
which may have been done or committed, before or 
fuice the commencement of the war which is juft 
ended. 

II. With refpecl: to the honours of the flag, and the 
falute at fea, by the ihips of the Republic towards 
thofe of his Britannic Majefty, the fame cuftom fhall 
be refpedively followed, as was pradifed before the 
commencement of the war which is juft concluded. 

III. All the prifoners taken on either fide, as well 
by land as by fea, and the hoftages carried away or 
given during the war, and who have not yet been re- 
ftored, conformably to the preliminary treaty, Ihall be 
reftored as foon as pofiible, without ranfom; each 
Power refpectively difcharging the advances which 
Ihall have been made, for the fubfiftence and mainte- 
nance of their prifoners, by the Sovereign of the coun- 
try where they fhall have been detained, according to 
the receipts, attefted accounts, and other authentic 
vouchers, which ihall be furnifhed on each fide : and 
fureties fhall be reciprocally given for the payment of 
the debts which the prifoners may have contracted in 
the countries where they may have been detained un- 
til their entire releafe. And all fhips, as well men of 
war as merchant-fhips, which may have been taken 
fince the expiration of the terms agreed upon for the 
cefTation of hoftilities by fea, fhall likewife be reftored, 
bond fide, with all their crews and cargoes : and the 
execution of this article Ihall be proceeded upon im- 
mediately after the exchange of the ratifications of this 
treaty. 

IV. The States General of the United Provinces 
cede and guaranty, in full rightj to his Britannic Ma- 
jefty, the town of Negapatnam, with the dependen- 
cies thereof; but in confideration of the importance 
which the States General of the United Provinces an- 
nex to the pofTeflion of the aforefaid town, the King 

VOL. I. O 



194 TREATIES [1578 

of Great Britain, as a proof of his good-will towards 
the faid States, promifes, notwitliftanding this cefiion, 
to receive and treat with them for the reftitution of the 
faid town, in cafe the Lords the States Ihould hereaf- 
ter have an equivalent to offer him. 

V. The King of Great Britain (hall reflorc to the 
States General of the United Provinces, Trinqucmale, 
as alfo all the other towns, forts, harbours, and fettle - 
ments, which, in the courfe of the war, have been 
conquered, in any part of the world whatever, by the 
arms of his Britannic Majefly, or by thofe of the Eng- 
lifh Eaft India Company, and of which he fhould be 
in pofleflion; the whole in die condition in which they 
fhall be Lund. 

VI. The States General of the United Provinces 
promife and engage not to obftruct the navigation of 
the Britifh fubjects in the Eaftcrn feas. 

VII. Whereas differences have arifen between the 
Englifh African Company, and the Dutch Weft India 
Company, relative to the navigation on the coafts of 
Africa, as alfo on the fubjeft of Cape Apollonia ; for 
preventing all caufe of complaint between the fubje&s 
of the two nations on thofe coafts, it is agreed that 
commiflaries fhall be named, on each fide, to make 
fuitable arrangements on thefe points. 

VIII. All the countries and territories which may 
have been, or which may be conquered, in any part 
ot the world whatfoevcr, by the arms of his Britannic 
Majefty, as well as by thofe of the States General, 
which are not included in the prefent treaty, neither 
under the head of Ceflions, nor under the head of Ref- 
titmions, fhall be reftored without difficulty, and with- 
out requiring any compenfation. 

IX. Whereas by the ninth article of the preliminary 
treaty, a period was ftipulated and appointed, by the 
high contracting parties, for the reftitutions and eva- 
cuations to be made, on each fide, of die towns, for- 

5 trcffcs, 



1788.] WITH THE STATES GENERAL. 195 

trefies, and territories which might have been con- 
quered by their relpective arms, and of which they 
fhould be in pofieflion, excepting fuch as had been 
ceded ; and whereas the term fpecified in the aforefaid 
ninth article is already expired, the high contracting 
parties engage reciprocally and bond fide, to obferve 
the faid ftipulations, and in cafe, by any accident or 
otherwife, the ceflions and reftitutions therein com- 
prifed fhould not have taken place, to expedite im- 
mediately the necefiary orders, to the end that there 
may be no further delay in die accomplilhment of 
the faid ftipulations. 

X. His Britannic Majefty and their High Mighti- 
nefles the aforefaid States General, promife to obferve 
fmcerely, and bond fide, all the articles contained and 
eftablifhed in this prefent treaty; and they will not 
fuffer the fame to be infringed, directly or indirectly, 
by their refpective fubjects : and the faid high con- 
tracting parties guaranty to each other, generally and 
reciprocally, all the ftipulations of the prefent articles. 

XI. The folemn ratifications of the prefent treaty, 
prepared in good and due form, fhall be exchanged 
in this city of Paris, between the high contracting 
parties, in the fpace of one month, or fooner, if it 
can be done, to be computed from the day of the 
fignature of the prefent treaty. 

In witnefs whereof, we the under-written, their 
ambafiadors and minifters plenipotentiary, have figned 
with our hands, in their names, and by virtue of our 
full powers, the prefent definitive treaty, and have 
caufed the feals of our arms to be affixed thereto. 

Done at Paris the 2oth of May, one thoufand fe- 
ven hundred and eighty-four. 

Daniel Haites. (L. S.) 

Lejlevenon van Berkenrcode. (L. S.) 
Bmntfen. (L. S.) 

O 2 Separate 



196 TREATIES [1578 

Separate Article. 

I. I T has been agreed and determined, that the 
French language, made ufe of in all the copies of 
the preient treaty, fhall not form an example which 
may be alledged, or quoted as a precedent, or, in any 
manner, prejudice either of the contracting Powers ; 
and that they (hall conform, for the future, to what 
has been obfcrved, and ought to be obierved, with re- 
gard to, and on the part of Powers, who are in the 
practice and pofiefiion of giving and receiving copies 
of like treaties in a different language from the French; 
the prefent treaty having, neverthelefs, the fame force 
and virtue as if the aforelaid practice had been therein 
obferved. 

In witnefs whereof, we the under- written AmbaiTa- 
dors and Minifters Plenipotentiary of his Britannic 
Majefty, and of the States General of the United Pro- 
vinces, have figned the prefent fcparate article, and 
have caufed the feals of our arms to be affixed thereto. 

Done at Paris, the twentieth of May, one choufand 
feven hundred and eighty- four. 

Daniel Hailes. (L. S.) 

Lejlevenon van Berktnroode. (L. S.) 
Brantfen. (L. S.) 

His Britannic Majeftfs Full Power. 
GEORGE R. 

GEORGE the Third, by the grace of God, King 
of Great Britain, France, and Ireland, Defender of 
the Faith, Duke of Brunfwic and Lunenburgh, Arch- 
Treafurer and Prince Elector of the holy Roman Em- 
pire, &c. To all and fingular to whom thefe prefents 
fhall come, greeting. \Yhereas, in order to perfect 
the peace between us and the High and Mighty Lords 
the States General of the United Netherlands, which 
was happily begun by the preliminary articles, figned 
at Paris the fecond day of September laft, and to 

bring 



*788.;| WITH THE STATES GENERAL. 197 

bring the fame to the defired conclufion, we have 
thought fit to inveft fome proper perfon with full 
power on our part ; Know ye, that we, confiding en- 
tirely in the fidelity, diligence, ability, penetration, and 
experience in affairs of our trufty and well-beloved 
Daniel Hailes, Efqj our Minifter Plenipotentiary to 
our good brother the moft Chriltian King, have 
named, made, and conftituted, and, by thefe prefents, 
do name, make, and conftitute him our true, certain 
and undoubted Commiffioner, Procurator, and Ple- 
nipotentiary j giving and granting to him all and all 
manner of power, faculty, and authority, as alfo our 
general and fpecial command (fo that the general fhall 
not derogate from the Ipecial, nor contrarywife) at the 
court of our faid good brother the moft Chriftian King, 
for us, arid in our name, to meet and confer with the 
AmbafTadors, Commiflloners, Deputies, and Plenipo- 
tentiaries of the aforefaid Lords the States General of 
the United Netherlands, being furnifhed with fuffi- 
cient authority, and with them to agree, treat, confult, 
and conclude upon the re-eftablifhing, as foon as may- 
be, of a firm and lading peace, and fmcere friendfhip 
and concord ; and for us, and in our name, to' fign 
whatever may be fo agreed upon and concluded ; and 
alfo to make, and mutually deliver and receive, a 
treaty or treaties, or fuch other and fo many inftru- 
ments as fhall be requifite, upon the bufinefs conclu- 
ded, -and to tranfaft all other matters, which may re- 
late to the happily accomplifhing of the aforefaid work, 
in as ample manner and form, and with equal force 
and effect, as we, if we were prefent, could do and 
perform: engaging and promifing, on our Royal word, 
that we will approve, ratify, and accept, in every more 
perfect form, whatever may happen to be tranfacted 
and concluded by our faid Plenipotentiary, and that 
we will never fuffer the fame to be violated or infringed 
by any one, either in the whole or in part. In wit- 
nefs, and for the greater validity of all which, we have 
caufcd our great feal of Great Britain to be affixed to 
O 3 thefe 



1 9 3 TREATIES [1578 

thefe prefents, figned with our Royal hand. Given at 
our court at St. James's, the twenty-feventh day of 
ApriJ, in the year of our Lord one thoufand feven 
hundred and eighty-four, and in the twenty-fourth year 
of our reign. 

The Full Power of the States General. 

THE States General of the United Netherlands : 
To all who Ihall fee thefe prefents, greeting. Whereas 
there is nothing we have more earneftly at heart, than 
that the war, in which we, together with other Pow- 
ers, are involved, againft Great Britain, may be ter- 
minated by a general, folid, and lafting peace, and 
that, in order to accomplifh fo defirable and falutary 
a purpofe, negotiations may be forthwith begun ; 
wherefore, moved by a defire of contributing what- 
ever lies in our power to promote the negotiation 
for a general peace, and trufting that we (hall find 
the moft Serene King of Great Britain animated with 
the like fentiments, we, knowing the prudence, expe- 
rience in affairs, and fidelity of the Lords Lefteve- 
non de Berkenroode, our Ambaffador to his moft 
Chiiftian Majefty, and Gerard Brantfen, Conful of 
the city of Arnheim, Counfellor and Mafter General 
of the Mint of the Republic, Deputy in ordinary 
from the province of Guekires to our Afiembly, 
and our Plenipotentiary, have authorifed, appointed, 
commifiioned, and deputed, as, by thefe prelents, we 
do authorife, appoint, commiflion, and depute them, 
granting full power, as well as general and fpecial 
command, to both of them conjointly, or to either 
of them in the abfence of the other, whether on ac- 
count of illnefs, or of any other impediment what- 
foever, to treat with him or them who fhall have been 
likewife invefted by his Britannic Majefty with the 
necefiary authority for that purpofe, concerning all 
things which fhall be judged expedient and requifite 
for concluding a general, lafting, and advantageous 
peace, to endeavour to remove all obftacles which may 

occur, 



1788.] WITH THE STATES GENERAL. 199 

occur, to a<5t, agree, and ftipulate thereupon, in fuch 
manner as they Ihall think proper, and generally to do 
all things relative thereto, which we ourfelves being 
prefent might doj promifing fincerely and &ona Jide, 
that we will accept, perform, and ratify every thing 
which the faid Lords our AmbafTador and Plenipoten- 
tiary Ihall have ftipulated, promifed, or granted, and 
that we will iflue our letters of ratification in due 
form. Given at the Hague under our great feal, 
figned by the Prefident of our aflembly, and counter- 
figned by our Greffier, the nineteenth day of Auguft, 
in the year one thoufand leven hundred and eighty- 
two. R. Sleety P*. 

By order of the aforefaid jLords the States General, 

H. Fagel. 



[The following is printed from the copy publilhed by 
authority in 17 8 8*.] 

( The treaty ofdefenfive Alliance between his Majefty the 
King of Great Britain, and their High Mighti- 
mjjes the States General of the United Provinces, 
figned at the Hague the \t ) th cf A$ril t 1788* 

THE mutual and fmcere friendlhip, which has fo 
long fubfifted between his Majefty the King of Great 
Britain, and the Lords the States General of the United 
Provinces, having been increafed and ftrengthened by 
the intereft, which his Britannic Majefty has lately ma- 
nifefted in the prefervation of the independence of the 
Republic, and of its legal conftitution, his faid Ma- 
jefty, and the faid Lords the States General of the 
United Provinces, have refolved, in order to cement, 
in the moll folid and lafting manner, the good har- 
mony, confidence, and correfpondence between them, 
to form permanent engagements, by a treaty of de- 
fenfive alliance, for the good of both parties, and for 
the maintenance of the general tranquillity, as well 
35 of their own in particular. To accomplish fo fa- 
O 4 lutary 



aoo TREATIES [1578 

lutary a purpofc, his Majefly the King of Great Bri- 
tain has named and authorized Sir James Harris, 
Privy Counfellor, Knight of the Bath, Member of the 
Parliament of Great Britain, and his Majefty's am- 
bafiador extraordinary and plenipotentiary to their High 
Mightinefles j and their High Mightinefies the States 
General of the United Provinces have named and 
authorized their Deputies for foreign affairs ; who, after 
communicating to each other their full powers in due 
form, and having conferred together, have agreed 
upon the following articles : 

I. There fhall be a fmcere, firm, and conftant 
friendfhip and union between his Britannic Majefly, 
his heirs and fucceflbrs, and the Lords the States 
General of the United Provinces, fo that the high con- 
tracting parties fhall direct their utmoft attention to 
maintain this mutual friendfhip and correfpcndence 
between them, and their dominions and fubjects ; and 
they engage to contribute, as far as fhall be in their 
power, mutually to preferve and defend each other in 
peace and tranquillity. 

II. In cafe either of the high contracting parties 
fhould be hoftilely attacked by any European Power, 
in any part of the world whatfoever, the other con- 
tracting party engages to fuccour its ally, as well by 
fea as by land, in order to maintain and guaranty each 
other mutually in the pofleffion of all the dominions, 
territories, towns, places, franchifes, and liberties, which 
belonged to them refpectively before the commence- 
ment of hoftilities. 

III. His Britannic Majefty guaranties, in the moft 
effectual manner, the hereditary ftadtholderate, as well 
as the office of hereditary governor of each province, 
in the Serene Houfe of Orange, with all the rights 
and prerogatives thereto belonging, as forming an ef- 
lential part of the conftitution of the United Provinces, 
according to the refolutions and diplomas of the years 
1747 and 1748, by virtue of which the prdent Stadt- 

holder 



1788.] WITH THE STATES GENERAL. 201 

holder entered into the pofTefiion of thofe offices in 
1766, and was reinftated therein in 178 8 ; engaging 
to maintain that form of government againft all at- 
tacks and enterprizes, direct or indirect, of whatfoever 
nature they may be. 

IV. The fuccours mentioned in the fecond article of 
this treaty of defenfive alliance, fhall confift, on the 
part of his Britannic Majefty, of eight thoufand in- 
fantry, two thoufand cavalry, twelve fhips of the line, 
and eight frigates; and, on the part of the States Ge- 
neral, of five thoufand infantry, one thoufand cavalry, 
eight fhips of the line, and eight frigates ; which re- 
fpective fuccours fhall be furnifhed in the ipace of two 
months after requifition made by the party attacked, 
and fhall remain at its difpofal during the whole con- 
tinuance of the war in which it lhall be engaged, whilfb 
thofe fuccours (whether fhips and frigates, or troops) 
fhall be paid and maintained by the Power of whom 
they fhall be required, wherever its ally fhall employ 
them. 

V. In cafe the flipulated fuccours fhould not be fuf- 
ficient for the defence of the Power requiring them, 
the Power to whom requifidon fhall be made fhall 
fucceflively augment them, according to the wants of 
its ally, whom it fhall afiift, even with its whole force, 
if circumflances fhould render it necefTary ; but it is 
exprefsly agreed, in all cafes, that -the contingent of 
the L'ords the States General fliall not exceed ten thou- 
fand infantry, two thoufand cavalry, fixteen fhips of the 
line, and fixteen frigates. 

VI. But as it may happen (confidering the diftance 
of feveral of the poffeflions of the two high contract- 
ing parties) that the advantages which ought to refult 
to them reciprocally from the conclufion of the prefent 
treaty, may become illufory, unlefs meafures can be 
taken for the mutual defence of thofe pofieflions, be- 
fore their rcfpective governors could receive orders 
from Europe for that purpofej it is ftipulated and 

agreed, 



TREATIES [1578 

agreed, that in cafe either of them Ihould be hoftilely 
attacked, or even menaced with an hoftile attack, in 
its pofleflions, whether in Africa or in Afia, by an 
European power, the governors of their fetrlements 
in thofe two parts of the world fhall be enjoined to 
concert together the fuccour to be furnifhed, and, in 
cafe of need, to furnifh fuch fuccour, in the moft 
fpeedy and effectual manner, to the party attacked j 
and that orders to that effect fhall be expedited to the 
faid governors immediately after the conclufion of the 
prefent treaty: and in cafe the two high contracting 
parties fhould be obliged to furnifh the aforcfaid fuc- 
cours, they fhall not permit the fhips of war, of what 
nature they may be, of the Power attacking, to enter 
into any of their ports in the aforefaid fcttlements, 
until peace fhall be reftorcd between the party attack- 
ing, and the ally of the contracting party, unlefs the 
faid veflels be forced to take refuge there, to avoid 
perifhing, or being fhipwrccked. 

VII. If it fhould happen that the two hiph con- 
tracting parties fhall be equally involved in a war 
againft a common enemy, they reciprocally promife 
each other not to difarm but by common confentj and 
they fhall communicate to each other confidentially the 
propofals for a peace, or truce, which may be made. 

VIII. If the high contracting parties prefer furnifh- 
ing their fuccours of troops in money, they fhall be at 
liberty on each fide fo to doj and then fuch fuccour 
fhall be computed at one hundred thoufand florins, 
Dutch currency, per annum, for one thoufand infan- 
try, and at one hundred and twenty thoufand florins, 
of the like value, for one thoufand cavalry, pej an- 
num, and in the fame proportion by the month. 

IX. The Power requiring fhall be obliged, whether 
the fhips, frigates, and troops, with which it fhall 
have been furnifhed, remain for a long or fhort time 
in its ports, to provide whatever they may want, at 
the fame price as if they belonged to fuch Power itfclf. 

U 



1788.] WITH THE STATES GENERAL. 203 

It has been agreed, that the faid troops or fhips fhall 
not in any cafe be at the expence of the party requir- 
ing, but that they lhall neverthelefs remain at its dif- 
pofal, during the whole continuance of the war in 
which it (hall be engaged. The fuccours above-men- 
tioned fhall, with refpeft to difcipline be fubject to the 
orders of the chief officer who commands them; and 
they lhall not be employed feparately, or othenviie 
than in concert with the faid commanding officer: 
with regard to the operations, they fhall be wholly 
fubjed to the orders of the commander in chief of the 
Power requiring. 

X. It is agreed, that until the two Powers conclude 
a treaty of commerce with each other, the fubjects of 
the Republic fhall be treated, in the kingdoms of Great 
Britain and Ireland, as the moft favoured nation ; and 
the fame fhall be obferved in the United Provinces 
towards the fubjects of his Britannic Majefty. It is 
however to be underftood, that this article is not to 
extend to a diminution of the import duties payable 
upon linens. 

XL Whereas by the fourth article of the treaty of 
peace, figned in the month of June, 1784, his Britan- 
nic Majefty engaged to treat with the Lords the States 
General for the reflitution of Negapatnam, with its 
dependencies, in cafe the faid Lords the States General 
fhould in future have any equivalent to give; and 
whereas their High MightinerTes have now renewed 
their requeft for obtaining that reflitution, as well as 
for fettling and determining precifely the fenfe of the 
fixth article of that treaty, concerning the navigation 
of Britifh fubjects in the Eaftern feasj his Britannic 
Majefty, in crder to manifeft his good- will towards the 
Republic, is difpofed to concur in thefe defires of their 
High MightinefTes, and even to fecure to the Republic 
additional and real commercial advantages in that part 
of the world, as foon as an equivalent for thofe objects 
.can be agreed upon 5 in return for which his Britannic 

Majefty 



204 TREATIES WITH THE [1496 

Majefty will require nothing but what is favourable to 
the reciprocal interefts and fecurity of the contracting 
parties in the Indies: and, to prevent the negotiations 
for fuch arrangements from retarding the conclufion 
of the prefent treaty, it is agreed, that they fhall be 
begun as foon as poflible, and be concluded in the 
Ipace of fix months from the date of the prefent 
treaty j and that the convention to be made thereon 
lhall have the fame force as if it was inferted in the 
treaty itfelf. 

XII. The prefent treaty fhall be ratified on each 
fide, and the exchange of the ratifications lhall be 
made in the fpace of fix weeks, or fooner, if it can 
be done. 

Done at the Hague, the fifteenth of April, one 
thoufand feven hundred and eighty-eight. 

(L. S.) James Harris. 

(L. S.) J. W. Comte de Welderen. 

(L. S.) W. F. H. van Wa/enaer. 

(L. S.) L. P. van de Spiegel. 

(L.S.) Guillaume de Citters. 

(L.S.) W. N.Pefters. 

(L. S.) Charles Bigot. 

(L. S.) M. B. C. ran Vdcrjt v. Borgel. 



The 



J743-] AUSTRIAN NETHERLANDS. 105 



The AUSTRIAN NETHERLANDS. 



1496 rirMJERE are various commercial trea- 
to X. ties .with the Netherlands, from the 
1506. Inter curfus magnus to the Intercurfus malus. 
Rym. Feed. vol. xii. p. 578-654- 

711. vol. xiii. p. 6-132. 
Treat. 1732, vol. ii. p. 1-28. 

1604. . The articles of peace, intercourfe, and 
1 8 Aug. commerce, between Great Britain, Spain, 
and the Netherlands, concluded at London. 
Treat. 1732, vol. ii. p. 131. 

1648. The treaty of Weftphalia, between the 
30 Jan. Emperor, Spain, the States General, and 
Sweden. Mably> Dr. Pub. vol. i. ch. i. 

Treat. 1732, vol. i. p. i. vol. ii. 

P- 335- 
Treat. 1785, vol. i. p. 1-44. 

1667. The articles of peace, alliance, and com- 
|f May. merce, between Great Britain and Spain, 
ufually called, The Treaty' of Madrid, which 
is hereafter printed, vol. ii. p. 5. 

1701. The treaty between Great Britain, the 
7 Sept. Emperor, and the States General, concluded 
at the Hague j ufually called, The Second 
Grand Alliance. 

Treat. 1732, vol. i. p. 415. 
Treat. 1785, vol. i. p. 326. 

1713. A convention for a provifional regulation 
44 July, of trade in the Netherlands, concluded at 
Utrecht. 

1715. The convention, made at London, relat- 
26 July, ing to the duties payable on the impor- 
tation 



ao6 "TREATIES WITH THE [1496 

ration of Britifh woollen cloths into the 
Auflrian Netherlands. 

Pap. Off. A. 17. 

Treat. 1732, vol. iv. p. 444. 

Treat. 1785, vol. ii. p. 144. 

17 1 5. The Barrier treaty between Great Britain, 
*5 Nov. the Emperor, and the States General, with 

the tariff of duties payable in the Auflrian 
Netherlands, according to the 26th article 
of this treaty, concluded at Antwerp. 

Pap. Off. A. 1 8. 

Board of Trade , O. 52. 

Rouffety Recueil Hiftorique, torn. i. p. 37. 

Treat. 1785, vol. ii. p. 148. 

1716. The defenfive alliance between Great 
25 May. Britain and the Emperor, with the feparate 

and fecret articles, and Count Volkra's de- 
claration, dated the -J. Auguft, 1716, about 
thetradein Flanders; concluded at Weftmin- 
fter. Pap. Of. A. 1 9. 

RouJJety Recueil Hijlorique, torn. 1. p. 469. 

Treat. 1785, vol. ii. p. 175. 

The quadruple alliance between Great 
Britain, the Emperor, and the States Ge- 
neral, with the feparate and fecret articles, 
concluded at London. 
Pap. Off. A. 23. 

Rouffet, Recueil Hift or iquey torn. i. p. i8o 
Treat. 1785, vol. ii. p. 199. 

1718. The convention between Great Britain, 
22 Dec. the Emperor, and the States General, relat- 
ing to the execution of certain points of the 
Barrier treaty, concluded at die Hague. 
Pap. Off. A. 26. 
Board of Trade t R. 164. 
Rouffct, Recueil Hiftoriqucj tom.i. p. 400. 
Treat. 1785, vol. ii. p. 228. 




I743-] AUSTRIAN NETHERLANDS. 207 

1731. The treaty between Great Britain, the 
1 6 March. Emperor, and the States General, with the 
feparate and fecret articles; concluded at 
Vienna. Pap. Off. A. 35. 

Roitffety Recueil Hiftorique, torn. vi. 

p. 1 6. 
Rouffety Sup. an Corps Diplom. torn, 

ii. part. ii. p. 288. 
Treat. 1785, vol. ii. p. 318. 

1731. The treaty between Great Britain, the 

22 July. Emperor, and Spain, with the feparate and 
fecret articles; concluded at Vienna. 
Pap. Off. A. 36. 

ety Recueil Hijloriqtce y torn. vi. 

P- 193- 

efy Sup. Corps Diplom. torn. ii. 
part. ii. p. 307. 
Treat. 1785, vol. ii. p. 333. 

1743. The treaty of Worms, between Great 
T^- Sept. Britain, Hungary, and Sardinia. 

See it, vol. ii. under the art. SAR- 

DINIA. 
Treat. 1785, vol. ii. p. 355. 

[The following is printed from the copy which was 
publifhed by authority in 1713.] 

A Provifwnal Regulation of Tradey in the Spanifh Low 
Countries, made at Utrecht the 44 & a y f J u ty> 



IN order to make a provifional regulation of the 
commerce in and through the Low Countries, as well 
thofe that are called Spanifh, as thofe that have been 
re-conquered and yielded, it is agreed^ 

I. That in all the places of importation or export- 
ation in the faid Spanifh Low Countries, re-conquered 
and yielded up, the duties upon merchandize lhall be 
exacled and paid upon the fame foot as they were ex- 
afted and paid in the year 1680. 

II. All 



2o8 TREATIES WITH THE [1496 

II. All forts of merchandize imported by die fub- 
jec~b of Great Britain, or the United Provinces, which 
have formerly enjoyed the right of tranfit or pafifage, 
fhall enjoy the fame for the future; and the merchan- 
dize of Great Britain, and the United Provinces, 
which have enjoyed this right of tranfit, fhall dill 
enjoy the fame, although thofe who import them are 
not fubjects either of the Queen of Great Britain, or 
their High MightinefTes ; and this duty (hall not ex- 
ceed two and a half per cent. 

III. All duties of entrance upon merchandize, com- 
ing out of the other parts of the Spanilh Low Coun- 
tries, and entering into thofe which are called re-con- 
quered and yielded, fhall ceafe ; and not only the mer- 
chandize of Great Britain, and the United Provinces, 
that may be brought into thofe parts by others, but 
the fubje&s alib of Great Britain, and the United 
Provinces, (hall from this time be free from all duties 
of entrance for their merchandize in the faid Low 
Countries, which are re-conquered and delivered up. 

IV. That the duties of confumption in the towns 
and other places of the Low Countries, that are re- 
conquered and yielded up, (hall be altogether the fame 
upon the goods and merchandize of each nation, and 
the fame liberty of felling, or expofmg them to fale, 
be allowed to both; and that the faid duties (hall not 
exceed what was cuftomary in the faid towns and 
places before the conqueft. 

V. That the duty of exportation, which has been 
exacted for merchandize going out of the Low Coun- 
tries, in order to pafs into the new conquefts, or places 
that have been yielded, fhall ceafe from this time ; and 
the merchandize, like wife, which (hall be carried out 
of the faid Low Countries, in order to go to France, 
or any other country, either through the places lately 
re- conquered and delivered up, or any other, (hail 
pay but one duty of exportation, which (hall be 
that which was paid in the Spanifh Low Countries, in 

die 



I743-] AUSTRIAN NETHERLANDS. 209 

the year one thoufand fix hundred and eighty, and it 
ihall not be lawful to exact more or lefs for the impor- 
tation, exportation, or pafTage of merchandize, than 
was paid in the faid year one thoufand fix hundred and. 
and eighty, fo long as this provifiohal regulation fiiall 
remain in force. . 

VI. As to the right of convoy, it is referred to the 
eonfideration of the minifters of the Q^ieen of Great 
Britain,, and their High Mightineffes, at Bruffels. 

VII. The Que^n of Great Britain, and their High 
Mightinefles, lhall give orders to their minifters at 
Bruffels, to take' fuch effectual methods, that all and 
every one of the articles of this provifional regulation 
may be fpeedily put in execution, and duly obferved. 

In witnefs whereof we 1 have figned this inftrument, 
and caufed it to be fealed with our arms. Doric 

at Utrecht, this 535^3; day of July* in the year 
one thoufand feven hundred and thirteen. 

(L. S.) Job. $riftol, C. P. S, 

(L. S.) J. B. V, Rcmduyck. 

(L. S.) William Buys. 
{L. S.) Strafford. (L. S.) S. V. Du/cn. 

(L. S.) V. Gheel van Spanbrooeck. 

(L. S.) F> Baron de Rfede de Renf- 
woude. 

(L. S.) Graef van Knipbuifen. 



[The following is printed from the copy, which was 
publifhed by authority.] 

fbe Treaty for fettling the Barrier, &c. in the Nether- 
lands, between the moft Serene aud moft Potent 
Prince Charles VI. Emperor of Germany, &c. 
and the moft Serene and Potent Prince George, by 
the Grace of God, King of Great Britain, France, 
and Ireland, Defender cf the Faith, &c. and tse 
High and Mighty Lords the States General cf the 

VOL. L P United 



2id TREATIES WITH THJ [1496 

United Netherlands j concluded at Antwerp on the 
i$tb cf November, 1715. 

GEORGE, by the Grace of God, King of Great 
Britain, France, and Ireland, Defender of the Faith 
&c. To all and fmgular to whom thefe prefent letters 
fhall come, greeting. Whereas the Minifters Pleni- 
potentiaries, as well on our part,, as on thofe of his 
Imperial and Catholic Majefty, and of the High and 
Mighty Lords the States General of the United Ne- 
therlands, having met at Antwerp, and being impow- 
ered with fufficient orders and authority, did, on the 
fifteenth day of the prefent month of November, con- 
clude and fign a certain treaty, in the following form 
and words. 

IT having pleafed the Almighty to grant peace for 
fome time paft to Europe, and nothing being more 
defirable and necefiary, than to re-eftablifh and fecure 
every where, as much as can be, the common and 
public fafety and tranquillity, and their High Mighti- 
nefles the Lords the States General of the United Pro- 
vinces, having engaged to deliver up the Netherlands 
to .his Imperial and Catholic Majefty Charles VI. 
purfuant to what is ftipulated and agreed by the creaty 
made at the Hague on the feventh of September, one 
thoufand feven hundred and one, between his Impe- 
rial Majefty Leopold, of glorious memory, his Bri- 
tannic Majefty, William HI. alfo of glorious memo- 
ry, and the faid States Genera], that the faid Powers 
fhould agree together upon what might relate to their 
mutual interefts, particularly with refpect to the man- 
ner by which the fecurity of the Netherlands night be 
eftabliihed, to ferve for a barrier to Great Britain, and 
to the United Provinces, and with refpeft to the com- 
merce of the inhabitants of the faid Netherlands, and. 
of Great Britain, and of thofe of the United Provin* 
ces, and his Imperial and .Catholic Majefty Charles 
VI. to whom the faid Netherlands Ihall be delivered 
by this treaty, his Britannic Majefty George, both 
3 now 






I743-] AUSTRIAN NETHERLANDS. 211 

now reigning, and both lawful heirs and fuccefibrs of 
the faid Emperor and King, and the Lords the States 
General of the United Provinces, acting herein by the 
lame principles of friendlhip, and with the fame inten- 
tion to procure and eftabliih the faid mutual fafety, 
and to corroborate more and more a ftrict union, have 
to this end nominated, conftituted, and appointed, for 
their Minifters Plenipotentiaries, that is to fay, hi$ 
Imperial and Catholic Majefty, Jofeph Lothaire, Count 
Kinigfegg, his Chamberlain, Counfellor of War, and 
Lieutenant General of his armies j his Britannic Ma- 
jefty, William Cadogan, Efq; his Envoy Extraordinary 
to their High MightinerTes the Lords the States Ge- 
neral of the United Provinces, a Member of the Par- 
liament of Great Britain, Mafter of the Robes to his 
Majefty, Lieutenant General of his armies, and Co- 
lonel of his fecond regiment of guards j and the States 
General, M. Bruno vander Dufien, ancient Burgomaf- 
ter, Senator and Counfellor Penfionary of the city of 
Gouda, Afleflbr in the Council of the Heemrades of 
Schieland, Dykegrave of the Crimpenerwaard ; Adol- 
phus Henry Count Rechteren, Lord of Almelo and 
Vriefeeven, &c. Prefident of the Lords the States of 
the Province of Overyflel, Droflard of the Uiftrift of 
Zalland; Seato van Gockinga, Senator of the city of 
Groninghen; and Adrian van Borfelle, LordofGuel- 
dermalfen, &c. Senator of the town of Flushing ; the 
three former, Deputies in the Aflembly of the Lords 
the States General on the part of the provinces of 
Holland and Weftfrifeland, O very (Tel, and Groning- 
hen and the Ommelands, and the fourth, Deputy .in 
the Council of State of the United Provinces ; who, 
having met in the city of Antwerp, which by common 
confent had been named for the place of congrefs, and 
having exchanged their full powers, copies of which 
are inferted at the end of this treaty, after feveral con- 
ferences have agreed for, and in the name of his Im- 
perial and Catholic Majefty, his Britannic Majefty, 
P 2 *nd 



TREATIES WITH THE [1496 

ami the Ix>rds ite Slates General, in the manner fol- 
lowing. 

I. The States General of die United Provinces 
fhali deliver up to his Imperial and Catholic Majcf- 
ty, by vtrnie of the grand alliance in the year one 
thoufand feven hundred and one, and of the engage- 
ments into -which they have fince entered, immedi- 
ately after the exchange of the ratifications of the pre- 
terit treaty, all the provinces and towns of the 
therlands, with their dependencies, as well thofe which 
were podelTed by the late King of Spain Charles II. 
of glorious memory, as thofe which have not long 
fince Ixx-n yielded by his late moft Chriftian Majefly 
alfo of glorious memory j which provinces and towns 
together, as well thofe which Ihall be delivered up by 
this prefent fcaty, as thofe which have been already 
delivered, fiiall for the future make and compofe, m 
all or in part, but one fole and indivifible, inalienable, 
and unexchangeable demefne, which fhall be infepara- 
ble from the dominions of the Houfe of Auftria in 
Germany, to be enjoyed by his Imperial and Catho- 
lic Majefty, his fucceflbrs and heirs, in full irrevocable 
fuvereignty and propriety, that is to fay, with refpccl: 
to the former provinces, as they were enjoyed or ought 
to have been enjoyed by the late King Charles II. of 
glorious memory, conformably to the treaty of Ryf- 
wick, and as to the other provinces, in the manner 
and on the conditions upon which they were yielde4 
and delivered up to the faid Lords the States Gene- 
ral by the late moft Chriftian King of glorious me- 
mory, in favoii/ of the moft auguft Houfe of Auftria, 
and without other incumbranccs or mortgages, charge4 
thereon by the States General, and for their benefit. 

II. His Imperial and Catholic Majefty promifes and 
engages, that no province, city, place, fortrefs, or ter- 
ritory of the faid Netherlands,' fhall be yielded, tranf- 
ferred, given, or fail to the crown of France, or" to 
.any Prince -or Princefs of. die houfe and lineage of 

France, 



AUSTRIAN NETHERLANDS, 

France, or to any other wha fhalf aot be tb.e. fuc- 
cedbr, heir, and pofiefthir of tbe dominions, o-f thc^ 
Houfe of Auftria in Germany, either by gife, file, ex- 
change, marriage- contract, inherkaneg, kjcceffton. t*> T 
will, or in default of a will, or upon any other title or 
pretext whatsoever ; fo that no province, city, place, 
fbrtrefs, or territory of the Netherlands,, fhali ever be 
fbbjeV. to any other Prince, than only to- tbe fuccdloFs 
to the faid dominions of the Houfe of Auftria* except 
what lias already been yielded to the King: of Pruto*. 
and what (hall be yielded by this prefent treaty to the 
faid Lords the States GeneraL 

II L As the fecurity of the Auflrian Netherlands 
will depend principally on the number of troops which 
may be kept up in the laid countrksj, .and in the 
places which are to form the barrier that has becfn^ 
promifed to tbe Lords the States Geaerajl by thc- 
grand alliance, his Imperial and CadiCklic MajeiVy . and 
their High MightineiTes, have agreed to maintaia 
therein always, each at their o.wa chargpi a body of 
between thirty and thirty-five thoufand men, ..of which, 
his Imperial and Catholic Majefty (hall foniifb three- 
fifths, and the States General two-fifths, pro-vixkd that 
if his Imperial and Catholic Majefty .leffea his cort- 
tingentj it fhall be in the powev of the faid States Ge- 
neral to leflen theirs.^ in proporrion-j and when, there 
{hall be a likelihood of war, or of an attack, the faid 
body ihall be augmented to forty thoufand men, ac- 
cording to the fame proportion ; and in cafe of achial 
war, a further agreement fhall be made for fuch forces 
as fhall be judged neceflary. 

The repartition of the fa,id troops in time of peace^ 
fo far as it relates to the places committed to the 
keeping of their High MightinefTes troops, fhall be 
made by themfelves only a and the repartition, of the 
reft by the governor general of the Netherlands^ ac- 
quainting each other mutually with, the dilporbions 
they fhall make* 

P 3 IV. His 



TREATIES WITH THE [1496 

IV. His Imperial and Catholic Majefty grants that 
the States General (hall have a garrifon intirely of 
their own troops in the towns and caftles of Namur 
and Tournay, and in the towns of Menin, Furnes, 
Warneton, Ypres, and Fort Knocque ; and the States 
General engage not to employ in the faid places, troops 
which though in their pay, may belong to a prince or 
nation that may be at war againft, or fufpefted to be 
in engagements contrary to the intcrefts of his Impe- 
rial and Catholic Majefty. 

V. It is agreed, that in the town of Dendermonde 
there fhall be a joint garrifon, which for the prefent 
fhall be compofed of one battalion of Imperial troops, 
and of one of thofe of the States General, and if 
hereafter it may be neceflary to augment the faid gar- 
rifon, that augmentation fhall be made equally with 
troops of both parties, and by common concert. The 
governor lhall be appointed by the Emperor j who, 
as well as the fubalterns, fhall take an oath to the 
States General, never to do, or permit any thing to 
b done in the faid town, which may be prejudicial to 
their fervice, with refpeft to the prefervation of the 
laid town and garrifon, and he fhall be obliged by the 
fame oath to give free pafTage to their troops, when- 
ever and as often as they fhall defire it, provided it be 
previqpfly afked, and only for a moderate number at 
a time. The whole according to the form which has 
been agreed on, and which fhall be inferted at die 
end of this treaty. 

VI. His Imperial and Catholic Majefty confents 
likewife, that in the places above granted to the States 
General, for keeping garrifons intirely their own, they 
may put fuch governors, commandants, and other of- 
ficers who compofe the Etat Major as they fhall think 
fit, on condition that they fhall not be chargeable to 
his Imperial and Catholic Majeily, nor to the towns 
and provinces, otherwife than for convenient lodging, 
and the emoluments arifing from the fortifications, 

and 



1743-3 AUSTRIAN NETHERLANDS. 215 

and that they be not perfons who may be difagree- 
able to or fufpected by his faid Majeity for reafons 
to be particularly alledged. 

VII. Which governors, commandants, and officers, 
lhall be intirely and abfolutely dependent on, and fub- 
jedl to the fole orders and fole judicature of the States 
General, in all that relates to the defence, guard, fe- 
curity, and all other military concern of their places ; 
but the faid governors, as well as their fubalterns, fhall 
be obliged to take an oath to his Imperial and Ca- 
tholic Majefty, to keep the faid places faithfully under 
the fovereignty of the Houfe of Auftria, and not to in- 
termeddle in any other affair, according to the form 
which has been agreed upon, and is inferted at the end 
of this treaty. 

VIII. The generals fhall give reciprocally, as well 
in the towns where there fhall be a garrifon of his 
Imperial and Catholic Majefty, as in ihofe which are 
intrufted to the keeping of the troops of their High 
Mightinefles, the ufual- honours according to their cha- 
racter, and the cuftom of each fervice ; and in cafe 
the governor general of the Netherlands comes into 
the places committed to the keeping of the troops of 
the States General, the honours fhall be fhewn him 
which he is \ifed to receive in the places where are 
garrifons of his Imperial and Catholic Majefty j he 
(hall alfo give out the word there j the whole without 
prejudice to. the fixth article. 

And the governors, and in their abfence the com- 
mandants, fhall communicate to the faid governor ge- 
neral the dilpofitions made by them, for the fecurity 
and guard of the places committed to their care, and 
he lhall have fit regard to the alterations which the 
faid governor general may judge ought to be made in 
them. 

IX. His Imperial and Catholic Majefty grants the 
exercife of their religion to the troops of the States Ge- 
neral, wherever they lhall be in garrifon j but this fhall 

P 4 be 



ii'6 TREATIES WITH THZ [1496 

be done in particular places that are convenient ,and 
proportioned to the number of" the garrifon, which the 
magiftrates fhall appoint and keep in repair in ever/ 
.town' and place where none are already fettled, which 
places lhall not be diftinguifhed by any exterior marks 
of a church ; and the civil and military officers, as alfo 
the ecclefiaftics, and all others whom it concerns, fhall 
be ftriftly enjoined, on both fides, to hinder all occa- 
fion of dcandal and conteft which may arife on the 
fubject of religion; and when any difputq or difficulty 
fhall arife, it fhall be made up amicably on both fides. 
And as to religion with refpett to the inliabhants of 
the Auftrian Netherlands, all things lhall reft ar- 
main on the fame foot they were during the reign of 
King Charles II. of glorious memory. 

X, All ftores of war, artillery, and arms, of the 
States General ; as alfo materials for the fortifications, 
.corn in time of fcarcity, provifions to be put into 
magazines, when there fhall be a likelihood >f war; 
as alfo cloth and furniture for cloathing the foldiers, 
which fhall be certified to be intended for that ufc, 
lhall pafs free, and without paying any duties or toils, 
by virtue of pafTports which fhall be afked and granted 
upon a fpecirication fignedj on condition, however, 
that at the fiifl cuftom-office of his Imperial and Ca- 
tholic Majefty where the faid ftores, materials, arms, 
and mounting ihall enter, the boats and other carri- 
ages may be duly fcarched, at the place where they 
are .to be unloaded, to hinder the mixing of other 
merchandize among them, and for preventing all fraud 
and abufe, againft which it fliall always be h ce to ufe 
fuch precauaons as by couife cf time and experience 
Ih^ll be judged neccifaiyj nor fhall die governors 
and their fubalterns be permitted to obitruct in any 
wife the execution of this article. 

XI. The States .General fhall change their garri- 
fons and the difpofidons of the troops in the towns 
and places commiucd to their own keeping, as they 

fhall 



I743-] AUSTRIAN NETHERLANDS. 

ihall think fit; nor ihall the paflage of the troops 
which they Ihall fend thither, or which they ihall draw 
from time to time, be hindered or ftopt under any 
pretext whatever : the faid troops Ihall likewife, when 
the cafe may require, pafs through all the towns of 
Brabant and Flanders, and through all the open coun- 
try, make bridges as well over the canal between 
'Bruges and Ghent, as over all the other canals, and 
over all the rivers which Ihall be in their routes ; on 
condition, however, that they Ihall be troops of a 
prince or of a nation not in war with his Imperial and 
Catholic Majefty, nor fufpecled of any engagement or 
obligation contrary to his interefts, as is faid above in 
the fourth article, and that previoufly notice ihall be 
given and requifition made to the governor general 
of the Netherlands, with whom the route and other 
neceflary points fhall be regulated by fome perfon 
commifiioned by their High Mightineflfes. 

The regulation made by the States General concern- 
ing the paflage of their troops, ihall be obferved, as it 
is obferved in their own country. 

And the States 'General ihall endeavour to make 
the. faid changes of garrifons, as well as the necerTary 
difpofitions for the fame, in fuch manner as may be 
leaft expenfive and inconvenient to the inhabitants. 

XII. The common fafety requiring in time of war, 
or in imminent danger of war, that the States General 
Ihould fend their troops into the places which ihall 
appear to be moft expofed to the hazard of being at- 
tacked or furprized, it is agreed between his Imperial 
and Catholic Majefty, and the States General, that 
their troops ihall be received into the faid places fo 
far as ill all be neceflary for their defence, when the 
caie ihall apparently happen, provided that this be 
done by agreement, and by concert with the governor 
general of the Netherlands. 

XIII. The States General may at their coft and 
expence caufe the faid towns and places to be forti- 
fied, 



2i8 TREATIES WITH THE [1496 

fied, either by new works, or by repairing the old, 
keep them up, and in general provide whatever they 
fhall think necefiary for the fecurity and defence of 
the faid towns and places, except that they fhall not 
caufe new fortifications to be built, without giving 
previous notice to the governor general of the Ne- 
therlands, and hearing his opinion and confide rations 
thereupon, nor fhall they be charged to the account 
of the Emperor or of the country, but by his Majef- 
ty's confent. 

XIV. For the fecurity of the communication be- 
tween the United Provinces, and the towns and places 
of the barrier, his Imperial and Catholic Majefty fhall 
<^ufe fuch meafures to be taken, that letters and 
meflengers, as well ordinary as extraordinary, may 
pafs freely to and from the towns and places of the 
barrier, and through thofe of other countries, on con- 
dition that the faid mefiengers fhall not charge them* 
felves with letters or packets of merchants or other 
private perfons, which, as well for the places of the 
barrier as for any other place, ought to be put into 
the port-offices of his Imperial and Catholic Majefty. 

XV. As for the artillery, magazines, and {tores of 
war, which their High MightinelTes have in the towns 
and places which they deliver up to his Imperial and 
Catholic Majefty, they fhall be allowed to caufe the 
fame to be removed without any hinderance, and with- 
out paying any duties or tolls, as well what they 
themfelves have caufed to be conveyed thither, as the 
artillery marked with their arms, loft in the laft war, 
and otherwife belonging to them, which they fhall 
have found in the faid places j unlefs his Imperial 
and Catholic Majefty defires to take the faid artillery 
and ftores of war on his own account, and agrees upon 
price with their High Mightinefles before the dcrlir 
very of the places committed to the keeping of the 
troops of the States General -, and as to the artillery 
and ammunition which are now in die places commit- 
ted 



1743-1 AUSTRIAN NETHERLANDS. 

ted to the keeping of the troops of the States Gene- 
ral, they fhall be left in their keeping and difpofal, 
according to the inventories of them which fhall be 
drawn up and figned on both fides, before the ex- 
change of the ratifications of the prefent treaty, with- 
out being allowed to caufe them to be removed elfe- 
where, unlefs by common confent ; and the property 
of what is found in the faid places at the time of 
their ceflion or delivery, fhall remain in his Imperial 
and Catholic Majefty. 

XVI. In cafe the provinces of the Auflrian Nether- 
lands fhould be attacked, and it fhould happen (which 
God forbid) that the enemies armies fhould enter 
Brabant, there to act, and lay fiege to fome places in 
the faid province, or to fome of thofe which make 
its barrier ; it fhall be lawful for their High Mighri- 
nefies to caufe their troops to take pofleffion and poit 
themfelves in the towns and places on the Demer, 
from the Schelde to the Maefe, as alfo to throw up 
intrenchments and lines, and make inundations, to 
prevent the farther progrefs of the enemies, in fuch 
manner as the reafon of war may require. 

XVII. It being manifeft by the experience of the 
laft war, that for fecuring the frontiers of the States 
General in Flanders, it was necefiary to have feveral 
bodies of troops fo confiderable that the army was 
very much weakened by it ; fcr preventing that in- 
convenience, and for the better fecuring the faid fron- 
tiers for the future, his Imperial and Catholic Majefty 
yields to the States General fuch forts, and as much 
territory of the Auftrian Flanders lying contiguous to 
their faid frontiers, as fliail be wanted for making the 
neceflary inundations, and for covering them effectu- 
ally from the Schelde to the fea, in thofe places where 
they are not yet fufficiently fecured, and where they 
cannot be fo by inundations on thofe lands only which 
do already belong to the States General. For this 
end his Imperial and Catholic Majefty confents and 

approves, 



120 TREATIES WITH THE .1496 

approves, that for the future the limits of the States 
General in Flanders fhall begin at the lea between 
Blankerberg and Heyft, at the place wl\erc are no 
Downs, provided that they fhall not tuild nor permit 
the building cf villages or houles near, the foil poft, 
nor fufrer any fetderncnt of rifhennen, nor i 
Jtuices to the fea. 

And their High Mightineflfes do farthrr pn : 
that if they think fit to caufc any fortifications to be 
built at the head of their new limits, tlury will take 
care not to diminifli the ftrength of the Digue,, and 
will not only take upon theivifclves the extraon' 
cxpcnce which may be cccafioncd by means of th?. 
laid fortifications, but will make good to the inhabi- 
tants of the Auftrian Flanders all the lofles which they 
may fufFer, in cafe the fea fhonld happen to make 
inundations by rea(bn of the f >i efaid fortitications. 

From the foremendoned pod a line fhall be drawn 
tTiredlly to the Goteweegie, whence the line ihall be 
continued to Hey it, from Heyft it Hi all extend to 
Driehoek and Swarte-Sluas, thence to Fort St. Do- 
aas, which his Imperial and Catholic Majefty \ 
m propriety and fovereignty to their High Mighti- 
ftefles (provided the gates of the flukes at the tid 
fort fhali be and remain taken off in time of peace ;) 
and likewife yields the ground fuuate to the north of 
ifae line above-defcribed. 

From Fort St. Donas the new limits of the States 
General fhall extend to Fort St. Job, whence they fhali 
rum into the amrent limits near the town of Middle- 
bourg, which limits fhall ftretch along the Zydlingf- 
dyke to the place where the Eeckeloofcwatergang and 
die Watcrloop meet at a fluice. 

Thence the Graaf Janfdyke fhall carry them on to- 
the village of Bouchoute (the perfons interefted in the 
fiuices there being permitted to replace them where 
they were formerly) and from tlie faid Bouchoute the 
line fhall be continued directly to the ancient limit* of 
tke States General, 



AUSTRIAN" ^NETHERLANDS, oai ; 

His Imperial -and Catholic Majefty yields Ekewifc 
in full and entire fovereignty to the States General,- 
the territory fituate northward of the faid line. 

And whereas, for their entire fecurity, it is neceCarf 
the inundation Ihould be continued from Bouchoute 
to the canal of the Sas van Ghent along the Graaf 
Janfdyke, it fhall be lawful for their High Mighti- 
fiefles, in time of war, to poflefs and cauie to be for- 
tified all the iluices in the Graaf Janfdyke and Zyd-' 
Hngfdyke. 

As for the town of Sas van Ghent, the limits fhall 
be extended to the ditlance of two thoufand geome- 
trical paces, provided there be no villages included in 
that coinpais of ground.' 

And for the prefervation of the lower Schelde, and 
of the communication between Brabant and that part 
of Flanders belonging to the States General, his Im- 
perial and Catholic Majefty yields in full and entire 
propriety and fovereignty to the States General, the 
village and Polder of Doel, as aifo the Polders of St. 
Anne and of Ketenifle. 

And whereas in time of war it will be needful, for 
the greater fecurity, to make inundations by the fluices 
between the forts Mary and Pearl, his Imperial and 
Catholic Majefty will, as fxmas the barrier ihall be 
Attacked, or the war begun, commit the keeping of 
fort Pearl and the iluices to their High Mightinefics ; 
on condition, that when the war ceafes, they fhall re- 
ftore thofe fluices, and the faid fort Pearl, to 'his Im- 
perial and Catholic Majefty, as aifo thofe which they 
(hall have taken into their pofTeffion in the Graaf Janf- 
dyke and Zidlingfdyke. The States General ihall not 
make any inundation in time of peace, and when they 
think themfelves obliged to make any in time of war, 
they fhall previouily give notice. of it to the governor 
general of the Netherlands, and concert the matter 
with the.generals commanding the atmies in the Ne- 
therland.. Promifing befides, that if by reafon of the, 
cefTion of- fome fluices (the free : ufe of which the in- 
i ." ".* ' habitants 



222 TREATIES WITH THE [1496 

habitants of the Auftrian Flanders fhall retain in time 
of peace) the faid inhabitants fhould happen to fuffer 
fome damage or prejudice, either by the command- 
ing or other military officers, the States General will 
not only immediately redrefs the fame, but will like- 
wife make good the lofs of the perfons concerned. 

And feeing by this new fituation of the limits, it 
will be neceflary to remove the cuftom -offices, for 
preventing frauds, in which his Imperial and Catholic 
Majefty, and their High Mightinefles, are equally 
concerned, it Ihall be agreed at what places to eftablifh 
thofe offices, and what farther precautions to take, as 
fliall be judged neceflary. 

It is farther ftipulated by this article, that before the 
ratification of the prefent treaty, a computation fhall 
be made of the revenues which the Sovereign receives 
from the lands that Ihall be yielded to their High 
Mightinefles by this article; as allb of the profit that 
has arifen to the Sovereign by die renewal of grants, 
upon the foot on which they have been beftowed for 
thefe thirty years laft pad ; to be deducted and abated 
out of the annual fubfidy of five hundred thoufand 
crowns. 

And the Roman Catholic religion fhall be preferved 
and maintained in the places yielded as above, in all 
refpec~b on the foot it is now exercifed there, and as it 
was in the time of King Charles II. of glorious me- 
mory, and the privileges of the inhabitants fhall in 
like manner be preferved and maintained. 

The fort of Roden Huyfen fhall be razed, the dif- 
ferences concerning the canal of Bruges fhall be re- 
ferred to the decifion of neutral arbitrators to be chofea 
on both fides ; but it is underftood that by the ceflion 
of fort St. Donas, thofe of the town of Sluys fliall not 
have more right to the faid canal than before that 
ceflion. 

XVIII. His Imperial and Catholic Majefty yields 
to their High Mightinefles the States General for ever, 
in full fovereignty and propriety, in die upper quarter 

of 



1 743.] AUSTRIAN NETHERLANDS. 223 

of Gelderland, the town of Venlo with its Banlieue, 
and the fort of St. Michael, as alfo the fort of Steven- 
fwaert with its territory or Banlieue, together with as 
much ground as is neceflary for enlarging their forti- 
fications on this fide of the Maefe j and his faid Ma- 
jefty promifes never to caufe to be built, or to fuffer 
another to build, any fortification, by what name fo- 
ever, within the diftance of half a league of the faid 
fortrefs. 

His Imperial and Catholic Majefty yields alfo to the 
States General the Ammanie of Montfort, confifling, 
(the villages of Swalmt and Elmt excepted, which 
he referves to himfelf) of the fmall towns of Neu- 
ftadt and Echt, with the following villages; that is to 
fay, Ohe, and Laeck, Roaftren, Braght, Befel, Belfen, 
Vlodorp, Poftert, Berg, Lin, and Montfort, to be 
poflefied by the faid States General in the manner 
they were poflefled and enjoyed by his Majefty King 
Charles II. of glorious memory, with the prefectures, 
bourgs, fiefs, lands, eftates, quit-rents, rents, revenues, 
tolls, of what nature foever, fubfidies, contributions, 
and collections, feudal, domanial, and other rights what- 
Ibever, belonging to the faid places yielded as above ; 
the whole however without prejudice to, and with a 
refervation of all the rights which may belong to his 
Majefty the King of Pruflia; and this notwithstanding 
all exceptions, pretenfions, or oppofitions, made or 
to be made, to difturb the States General in the 
peaceable pofTeflion of the places yielded by the pre- 
fent article, all agreements, conventions, or dilpofi- 
tions contrary to the prefent article being deemed 
null and of no validity. But it is underftood, that 
this ceflion is made with this exprefs claufe, that the 
ftatutes, antient cuftoms, and generally all the pri- 
vileges, civil and ecclefiaftical, as well with relpect to 
the magiftrates and private perfons, as to the churches, 
convents, monafteries, fchools, feminaries, hofpitals^ 
and other public places, with all their appurtenances 
and. dependencies! as alfo the diocefan right of the 

Biihop 



TREATIES WITH THE [1496 

Bifhop of Ruremonde, and generally whatever con- 
cerns the rights, liberties, immunities, functions, 
ufages, ceremonies, and exercife of the Catholic re- 
ligion, fhall be preferred, and fhall fubfifr. without 
any change or innovation to be made directly or in- 
directly, in all the places yielded as above, in the man- 
ner as at the time of King Charles II. of glorious 
memory, and as it fhall be explained on both fides 
more amply in cafe any difputc happens on this fub- 
ject; and the magiftracy, and other offices of the 
civil adminiftration, (hall not be given to any other 
perfons than fuch as are of the Catholic religion. 

The right of collating to benefices, which has hi- 
therto been in the Sovereign, fhall henceforward be- 
long to the Bifhop of Ruremonde, on condition that 
the faid benefices lhall not be given to other perfons 
than fuch as fhall not be difagreeable to the States 
General, for reafons to be particularly alledged. 

It is alfo ftipulated, that the States General fhall 
not pretend to have acquired by die ceffion of the 
town of Echt any right of judicature, or of appeal, 
with relation to the chapter of Thorn, or other terri- 
toiities of the empire, and his Imperial and Catholic 
Majefty fhall be free to name fuch place as he fhall 
think proper for the faid judicature or appeal. 

And feeing the inhabitants of that part of the upper 
quarter which is dius yielded, can no longer remove 
their fuits, in cafe of appeal, to the court at Ruremonde, 
their High Mightinefies fhall be at liberty to erect a 
court of appeal for their fubjccts in fuch place of tac 
province as they fhall think fit. 

It is farther agreed, that the duties of importation 
and exportation, which are levied all along the Maefe, 
fhall not be railed or lowered, in all or in part, but by 
common confept, of which duties his Imperial and 
Catholic Majefty fhall have die produce to himfelf of 
what is collected at Ruremonde and Navagne, and the 
Lords the States General thofe which are collected ut 
j and as thofe duties on the Macfc in general, 



1 743-] AUSTRIAN NETHERLANDS. 225; 

as alib thofe on the Schelde additionally, are ap- 
propriated to the payment, of two diftinct annuities ; 
that is to fay, one of fourfcore thoufand, and one of 
twenty thoufand florins yearly, by virtue of the contract 
made and concluded the twenty-fixth of December, 
one thoufand fix hundred eighty-feven, with his late 
Majefty of Great Britain William III. it is agreed, 
that their High MightinelTes, on account of the fore- 
mentioned ceffion, fhall aflift his Imperial and Catho- 
lic Majefty in the yearly payment of the faid annuities, 
and other debts for which they may be mortgaged, 
proportionably to the produce of the duties out and 
in which they fhall receive, the whole according to 
the fettlements of the faid annuities. 

And as to the debts and incumbrances contracted and 
charged upon the generality of the upper quarter, the 
States General (hall concur in the payment thereof, 
as to their quota, according to the proportion fpecified 
in the regifter of the whole upper quarter afore laid, 

All die records and papers which concern the upper 
quarter of Guelderland, fhall remain as formerly in 
the archives of Ruremond ; but it is agreed that an 
inventory or regifter of them fhall be made under the 
joint infpection of the commifiioners of his Imperial 
and Catholic Majefty, of his PrufTian Majefty, and 
of the Lords the States General, and an authentic 
copy of the faid inventory fhall be given to each of 
the three Powers, that they may have always free ac- 
cefs to all the papers and records for which they have 
occafion, with refpect to that part which they poflefs 
in the faid upper quarter of Guelderland, and 01 which 
an authentic copy fhall be delivered to them at the 
firft demand. 

XIX. In confideration of the great charge and 
extraordinary expence which the States General are 
indifpenfabiy obliged to be at, as well for maintaining 
the great number of troops, which they have engaged 
themfelves by this prefent treaty to keep in the towns 

VOL. I. Q above- 



226 TREATIES WITH THE [1496 

above-named, as for defraying the great expcnce ah- 
folutcly necefTary for keeping up and repairing the for- . 
tifications of the faid places, and for furnifhing them 
with ammunition and provifion, his Imperial and Ca- 
tholic Majefty engages and promifes to caufe to be 
paid annually to the States General the- fum of five 
hundred thouland crowns, or twelve hundred and 
fifty thoufand florins, Dutch money, over and above 
the revenue of that part of the upper quarter of 
Guelderland, yielded in propriety by his Imperial and 
Catholic Majefty to the States General, by the eigh- 
teenth article of the prefent treaty; as al'lb ovvr and 
above the expence for lodging the troops, according 
to the regulation made in the year one thoufand fix 
hundred ninety-eight, in the manner which fhall be 
particularly agreed upon; which fum of five hundred 
thoufand crowns, or twelve hundred and fifty thouland 
florins, Dutch money, fhall be fecured and charged, 
as by this article it is fecured and charged upon all the 
revenues in general of the Auftrian Netherlands, in- 
cluding therein the countries yielded by France, and 
particularly upon the cleared and leaft incumbcred 
revenues of the provinces of Brabant and Flanders, 
and upon thole of the countries, towns, caftellanies, and 
dependencies yielded by France, as is more particu- 
larly agreed by a feparatc article, as well for the 
mortgage as for the method and terms of receiving 
the laid fum ; and the faid payment of the fubfidy of 
five hundred thouland crowns, or twelve hundred and 
fifty thoufand florins, Dutch 'money, fhall begin from 
the day of iigning this prefent treaty; out of which 
-fhall be deducled, in proportion to the time, the re- 
venues of the towns, caitellanies, and dependencies, 
yielded by France, which fliall become due from the 
laid day till the day \vhai the laid Ncih,-rlands fliall 
be delivered to his Imperial and Catholic Majdly> ll.r 
fo much, as the States General ihall have received. 

XX. His Imperial and Catholic Majefty confirms 
and ratifies by this arrjcle the capitulations granted to 

die 



1743-1 AUSTRIAN NETHERLANDS. 227 

the provinces and towns of the Netherlands formerly 
called Spanifh, at the time they were reduced to the. 
obedience of his faid Majefty; as alfo the general ad- 
miniftration of the faid country exercifed therein by 
Great Britain and the States General of the United 
Provinces, reprefenting the lawful Sovereign by their 
minifters who refided at BrufTels, and by the council 
of ftate appointed for the general government of the 
faid Netherlands, in confequence of die power and 
inftruclions which were given to the faid council, and 
of the requifitions which were made to it on the part 
of the two Powers, as well in matter of royalty, of juf- 
tice, and of civil magiftracy, as of finances; as alfo the 
particular adminiftraticn of the ftates and provinces, 
of the colleges, of the towns, and of the communities 
in the open country; together with the fovereign courts 
of juftice, and other inferior courts and judges; which 
acts of civil magiftracy, royalty, jufrice, and finances, 
fhall fubfift and have their full and entire effect, ac- 
cording to the tenor of the faid acts, and of die fen- 
tences given; the whole in the fame manner as if they 
had been done by the lawful Sovereign of the country, 
and under his government. 

XXI. All that is contained in the preceding article, 
fhall likewife be obferved, ratified, and maintained on 
the part of his Imperial and Catholic Majefty with 
refpect to the upper quarter of Guelderland, and to 
the countries conquered from France (of which King 
Charles the Second, of glorious memory, was not 
po_ffefled at his deceafe) as to all the dilpofitions made 
in the name and on the part of the States General of 
the United Provinces. 

And as for ecclefiaftical benefices and dignities, thofe 
on whom they have been conferred, and who are pof- 
fefTed of them, fhall not be difpoffeffed ; and thofe 
who are not yet in pofTcfiion, fhall be admitted, with- 
out being oppofed therein, unlefs by the methods, and 
in the courfe of juftice, according to the laws and 
cuftoms of the country. 

2 XXII. His 



228 TREATIES WITH THE 

XXII. His Imperial and Catholic Majefty acknow- 
ledges and prcmites to fatisfy the obligations which 
were entered into en the part of his Catholic Majefly 
Charles II. of glorious memory, for the loans of money 
which their High Mightinefics have caufed to be ne- 
gotiated for his laid Majefty, the lift of which is fub- 
joined at the end of this article; and as the States 
General have not yet had delivered to them the obli- 
gations of the States of the Spanilh Netherlands for 
the fum of two hundred thouland florins a year, to be 
furnifhed by them for paying the intcreft and reim- 
burfing the principal of fourteen hundred thoufand 
florins taken up at intereft in the year one thoufand 
fix hundred ninety-eight, to be employed in the necef- 
fary fervice of the frontiers of the faid Spaniih Ne- 
therlands, and of four years intereft, amounting to the 
fum of two hundred twenty-four thoufand florins, with 
which the faid principal of fourteen hundred thouland 
florins is increaled, which obligations the faid King 
Charles II. of glorious memory had promifedto caufc 
to be delivered, but it was not done; his Imperial and 
Catholic Majefly hereby promifes to caufc the obliga- 
tions to be entered into by the States of the Provinces 
of the faid Netherlands, and to be delivered immedi- 
ately after to the faid States General, conformably to 
the tenor of the faid obligation of his Catholic Ma- 
jefty of the thirtieth of May, one thoufand fix hun- 
dred ninety-eight, at the firft meeting of the States, 
or at fartheft within the term of two months after the 
exchange of the ratifications of this treaty. 

A Memorial of the Loans negotiated at the Rtqueft of hu 
Catholic Majefly Charles II. of glorious Memory. 

THE firft loan was of one million 
five hundred feventy-five thoufand flo- 
rins, on the duties in and out collected 
at the Mary, at five per cent, by a deed \ f. i,575> oco 
bearing date the thirteenth of Decem- 
ber, one thoufand fix hundred and j 
ninety. J 

The 



I743-] AUSTRIAN NETHERLANDS. 229 

The fecond was of five hundred -j 
twenty-five thoufand florins, at five per I 
cent, on the lame fund, by a deedexe- I f. 525,000 
cuted the twenty-firft of March, one 1 
thoufand fix hundred ninety-one. J 

The third was of five hundred fixty- 
feven thoufand florins, at five per cent, 
on the revenues of the upper quarter off 
Guelderland, by a deed of the fifteenth i 
of January, one thoufand fix hundred 
jiinety-two. 



f. 567,000 



The fourth and fifth loans, of five" 
hundred thoufand, and two hundred 
thoufand florins, were made in purfuance 
pf two deeds of the fourth and twenty-fe-r 
cond of May, one thoufand fix hundred j 
ninety-three, upon the duties in and out, 
collected at the Mary, at fix per cent, j 



f, 700,00 



The fixth was of fix hundred fixty- % 
fiye thoufand florins, on the fame fund, I 
and at five per cent, borrowed by deed I f. 665,009 
of the eleventh of April, one thoufancj I 
fix hundred ninety-five. J 

The feventh was of a million four*) 
hundred and forty thoufand florins, on / 
the fame fund, at five per cent, by deed > f. 1,440,000 
of the twenty-fourth of November, one I 
thoufand fix hundred ninety-five. J 



The eighth, ninth, and tenth fums, of - 
four hundred thoufand, cne hundred 
thoufand, and three hundred thoufand! 
florins, were borrowed by deeds of the i 
tenth of December, one thoufand fix 
hundred ninety-five, the twelfth of Sep-- 
0,3 



f. 800,000 



3o TREATIES WITH THE [1496 

tember, one thoufand fix hundred nine-, 
ty-fix, and the fixth of March, one thou- 
fand fix hundred ninety-feven, at fivei 
per cent, on the revenues collected at\^ /. goo QQQ 
the Mary, and the demefnes of the* 
province of Namur, and fupplement-' 
ally on the demefnes of the province of 
Luxembourg, amounting together to 

The eleventh fum, of five hundred-* 
thcufand florins, was borrowed by deed / 
of the thirtieth of April, one thoufand (^ / cooooo 
fix hundred ninety-fix, at fix per cent.f 
on the revenues of the provoftfhip of\ 
Mons. -) 

The twelfth fum, of cne million four^j 
hundred thouTand florins, at four per 
cent, was borrowed upon the fubfidies 
of the provinces of the Netherlands, on 
the remittances from Spain, and fupple- 
nrientally on the revenues collected at 
the Mary. Item, Two hundred and >* f. 1,62 .: 
twenty-four thcufand florins, for four 
years intereft of the principal, conform- 
ably to the tenor of the obligation of 
the thirtieth of May, one thoufand fix 
hundred ninety-eight} the total fum 
amounting thus to ^ 

XXIII. In like manner his Imperial and Catholic 
Majefty acknowledges, approves, and confirms, all 
the contracts for money (the lift of which is fubjoined 
at the end of this article) which were neceffarily made 
for the payment of feveral indifpenfable demands for 
the prefc: vation of the Spanifh Netherlands, and for 
maintaining the troops of his Imperial and Catholic 
Majefty, during the provifional government of Great 
Britain and the States General of the United Provinces, 

and 



I743-] AUSTRIAN NETHERLANDS, aji 

and done by their High Mightinefies in concert with 
his Majefty of Great Britain. His Imperial and Ca- 
tholic Majefty promifmg to fatisfy the fame, and to 
caufe the faid contracts to be duly regiftered in the 
chambers of the Finances and of Accompts, and to caufe 
a certificate thereof in form to be delivered to their 
.High MightinerTes, and the principal and intereft to 
be paid out of the funds and mortgages, both principal 
and additional, appropriated for that purpofe: nor 
lhall his Imperial and Catholic Majefty make, unlefs 
with the confent of the States General, any change in 
the direction or adminiftration of the mortgages upon 
which the contracts were entered into, but will leave 
them to their High Mightineffes, conformably to the 
tenor of the obligations; and if thofe funds fhould 
not be fufficient, the deficiencies 'lhall be made good 
by the States of the provinces of the faid Auftrian 
Netherlands. 

An Account of the Sums negotiated during the provi- 
fional Government of his Britannic Majefty, and of 
their High Mightineffes > in the Netherlands. 

I N one thoufand feven hundred and" 
feven were borrowed three hundred 
thoufand florins, at five per cent, on the 
revenues of the poft- office, to be fent 
to the King at Barcelona; alfo four 
hundred thoufand florins,at five per cent, f f. 700,000 
on the duties of importation and ex- 
portation in Flanders, for the neceflary 
fervices in the Netherlands : the intereft 
of the faid four hundred thoufand florins 
was afligned on the pod-office. 

In the month of February, one thou-"| 
fand feven hundred and nine, were bor- 
rowed two hundred and fifty thoufand ' / 
florins, at five per cent, on the duties col- j "* > 
lected at the Mary, for maintaining the | 
Imperial and Palatine troops. J 

In 



TREATIES WITH 



THE 



[1496 



In the month of May, one thoufand") 
feven hundred and nine, was borrowed I 
the fum of five hundred tnoufand florins, ? f. 500,000 
at five per cent, on the fame conditions, I 
on the fame fund, and for the fame ufe. J 

In the month of Augnft was farther "J 
borrowed a fum of ten hundred thou- I 
fand florins, at five percent, on the fame > f. i,ooc,ooo 
terms, the fame fund, and for the fame I 
ufe. J 

In one dioufand feven hundred and" 
ten, was negotiated a fum of three hun- 
dred thoufand florins, at fix per cent, on 



the revenue of the port-office, for de- 



t f. 300,000 



fraying the charge of the Imperial and 
Palatine troops in the ier^jce of hjs 
Imperial and Catholic Majefty. 

Item, on the duties in and out afl 
Flanders, a fum of four hundred thou- 
fand florins, for fupplying the expence 
of the Imperial troops, at fix per cent. ) f. 400,000 
fhat is to fay, five per cent, payable out I 
of the dutic-s in Flanders, and one per 
cent, out of the revenues at the Mary, j 

Item, on the fame fund, and at fix "I 
cnt. namely, five per cent, on the I 
duties in and out of Flanders, and one | 
per cent, on the revenues at die Mary, V f. 300,000 
the fum of tliree hundred thoufand flo- j 
rir.s, for fupporting die expence of the 
Imperial troops. 

Item, on the lame fund, and at fix") 
per cent. viz. five per cent, on the duties j 
in and out of Flanders, and one per | 
cent, on the revenues at the Mary, the ) f. 340,625 
fum of three hundred and forty thoufand 
fix hundred and twenty-five florins, to 
fupply die expence of the Imperial troops, j 

Item, 



1743-] AUSTRIAN NETHERLANDS. 333 

Item, on the revenues of the Mary,! 

at five per cent. the. fum of three him- I o OO . O oo 

dred thoufand florins, tor defraying the I 

charge of the Imperial troops. J 

In the month of March, one thou- -x 

fand feven hundred and eleven, was/ 

borrowed the fum of three hundred^ 300,000 

thoufand florins, at fix per cent, on thef 

revenues of the poft-office, for fupply- \ 

ing the charge of the Imperial troops. -> 
In December, one thoufand fevenl 

hundred and twelve, was negotiated on I 

the revenues at the Mary, two hundred | 

and twenty-eight thoufand three huh- i 128,310 

dred and thirty florins, at five per cent. 

for the neceffary occalions, and for the 

fortifications of Mons, St. Ghilain, and ( 
Ath. J 

All the faid loans together making the fum ^ of 
four millions fix hundred and eighteen thoufand nine 
hundred and fifty-five florins ; the expenditure of 
which, as well as of the fum of five hundred and fifty 
thoufand florins, which the receivers of the duties of 
importation and exportation in Flanders have paid m 
bills of exchange to the States General in the year 
one thoufand feven hundred and ten, of an hundred 
thoufand florins which they have received of the re- 
ceiver of the Medianates, and of 'one hundred and 
five thoufand florins (errors in the account excepted) 
which they have received of the third chamber of the 
council of Flanders, has been certified to the mmifter 
plenipotentiary of his Imperial and Catholic Majefty, 
in the manner the fame is more particularly fet forth 
by his declaration at the bottom of the account of the 
contracts and money lent, and of the expenditure of 
the faid money, figned this day. 

XXIV. An account fhall be fettled, as foon as the 
fame can be done, of what has been paid of the in- 



13-t TREATIES WITH THZ [1496 

tereft and principal of the loans mentioned in the two 
preceding articles, in which account nothing (hall bo 
charged 'to their High Mightinefles, but what fhall 
appear to have been actually and really paid, by virtue 
of the faid obligations; nor, on the part of his Impe- 
rial and Catholic Majcfty, fhall any difficulty be raifed 
againft the payment of the faid intereft, or any pre- 
tence of abatement or diminution, on account of the 
non-poffefilon of mortgages, confifcation in time of 
war, the finking of the value of the faid mortgages by 
reafon of the diminution of the duties of importation 
and exportation, or any other caufe or pretext v 
ever. 

Nor while the faid account is fettling, fhall payment 
be difcontinued on the part of his Imperial and Ca- 
tholic Majefty; but the intereft and terms of reim- 
burfement fhall be continued, purfuant to the condi- 
tions exprefled in the obligations, till it fhall appear 
that all the loans and intereft of them are entirely 
cleared and paid of after which the mortgages lhall 
be duly difcharged and reftored, 

XXV. Moreover, by this prefent article are ratified 
and confirmed all the contracts for bread-waggons, and 
forage for the Imperial and Palatine troops, made by 
the minifters of the two Powers at Brufifels, or by the 
council of ftate appointed for the government of the 
Netherlands, at the requifition of the faid minifters; 
and in like manner are confirmed and ratified all pay- 
ments already made on thofe contracts, by the council 
of the finances, and die orders delivered by the laid 
council for afligning what remains due for the faid 
bread, forage, and waggons, on the furplufage of the 
'duties arifing by the four fpecies, purfuant to the re- 
quifuions of the council of ftate; nor lhall the faid 
fiirplufage of thofe duties be diverted to other ufes, 
under any pretext whatever, before the undertakers 
who furnifhed the faid bread, forage, and waggons, 
are entirely fmsfied, according to the tenor of their 
contracts, purfuant to the requifitions of the minifters 

of 



I743-1 AUSTRIAN NETHERLANDS. 235 

of the two Potentates, and to the orders of the council 
pf ftate, and of that of the finances. 

XXVI. As for what . relates to commerce, it is 
agreed, that the fhips, merchandizes, and goods, 
coming from Great Britain, and from the United Pro- 
vinces, and entering into the Auftrian Netherlands; 
as alfb the fhips, merchandizes, and goods going out 
of the faid Netherlands for Great Britain and the 
United Provinces, fhall pay the duties of importation 
and exportation upon the fame foot on which they are 
collected at this time, and no other ; and particularly 
in fuch manner as they have been regulated before the 
figning of the prefent treaty, according to the requifi- 
tion made to the council of ftate at Bruffels by the 
minifters of the two Potentates, dated the 6th of No- 
vember ; and fo the whole fhall remain, continue, and 
fubfift in general on the faid foot, without any alte- 
ration, innovation, diminution, or augmentation, under 
any pretext whatever, till his Imperial and Catholic 
Majefty, his Britannic Majefty, and the Lords the 
States General fhall agree otherwife by a treaty of com- 
merce to be made as foon as may be; commerce, and 
every thing depending thereon, between the fubjects of 
his Imperial and Catholic Majefty in the Auftrian Ne- 
therlands, and thofe of the United Provinces, re- 
maining in whole, and in part, on the eftablifhed foot, 
and in the manner fpecified by the articles of the 
treaty made at Munfter the thirtieth of January, one 
thoufand fix hundred forty-eight, between his Majefty 
King Philip the Fourth, of glorious memory, and the 
faid Lords the States General, concerning commerce, 
which articles are now confirmed by this prefent ar- 
ticle. 

XXVII. That .the fortifications, and all the works 
of the citadel of Liege, as alfo thofe of the caftle of 
Huy, with ail the forts and works, fhall be razed and 
demolifhed, and never be rebuilt, or made up again: 
but it is underftood that the faid demolition fhall be 

made 



TREATIES WITH THE [149$ 

made at the expence cf the States of the country of 
Liege, to whom the materials (hall be left, to be fold, 
and to be removed elicwhere. The whole to be done 
by the orders and under the direction of the States 
General, who for that purpofe (hall fend perfons qua- 
lified for the direction of the faid demolitions ; the 
working upon which mall be begun immediately after 
the figning of the prelent treaty, and fhall be finifhed 
within three months, or fooner, if poflible ; and in 
the mean time the garrifons of the States General mall 
not march out of the faid places before the demolition 
is finifhed. 

XXVIII. And for the greater fecurity and fuller 
execution of the preient treat)-, his Britannic Majefty 
promifes and engages to confirm it, and to guaranty 
it in all the points and articles thereof, as by this ar- 
ticle he does confirm and guaranty the fame, 

XXIX. The prefent treaty (hall be ratified and ap 
proved by his Imperial and Catholic Majefty, by his 
Britannic Majefty, and by the Lords the States Ge- 
neral of the United Provinces, and the letters of rati- 
fication (hall be delivered within the term of fix weeks, 
or fooner, if poflible, to be reckoned from the day of 
figning. 

In witnefs whereof, we the Minifters Plenipoten- 
tiaries of his Imperial and Catholic Majefty, of 
his Britannic Majefty, and of the Lords the 
States General, by virtue of our refpec~bive powers, 
have in their faid names figned thefe prefents in 
our ufual manner, and caufed the feals of our 
arms to be put thereto. Done at Antwerp, this 
fifteenth of November, one thoufand feven hun- 
dred and fifteen. 

(L. S.) J. L. C. de Kinigfegg. (L. S.) W Cadogan. 
(L.S.) B. V. Du/en. (L. S.) LeComtedeRecbt&a:. 
(L. S.) S. L. Gockiaga. 
(L. S.) Adr. Van Bor/ele. 
Cfldcrmalfen. 

Form 



1743-] AUSTRIAN NETHERLANDS. 237 

Form of the Oath for the Governor of Dendermonde. 

I N. N. appointed governor by his Imperial and 
Catholic Majefty at Dendermonde, promife and fwear, 
that I will never do any thing, nor fuffer any thing to 
be done in the faid town, that may be prejudicial to 
the fervice of their High Mightineffes the States Ge- 
neral of die United Provinces, with refpect to the 
preservation of the town and of the garrifon ; and that 
I will give free pafiage to .their troops whenever and 
as often as they fhall defire it, provided requifition be 
previoufly made, and that the faid troops do not pals 
but in a moderate number at a time ; the whole con- 
formably to the fifth article of the treaty of barrier, 
a copy of which has been communicated to me. So 
help me God. 

Form of the Oath for the Governor of Places. 

N. N. I fwear and promife to keep faithfully, in 
the fovereignty and propriety of his Imperial and Ca- 
tholic Majefty which is intrufted to me, 
and never to deliver it up to any other Power; and that 
I will not meddle directly or indirectly, nor fuffer any 
one whatever under my government, to meddle in any 
affair concerning die civil government, religion, and 
matters ecclefiaftical, juftice, and finances, nor in any 
thing whatfoever againft the rights, privileges, and im- 
munities of the inhabitants, as well clergy as laity^ or 
in any other affair that has not immediate relation to 
the prefervation of the place which is intrufted to me, 
and to the maintaining of the garrifon committed to 
my carej but that I will leave all thofe things to his 
Imperial and Catholic Majefty, as the lawful Sove- 
reign, and to the ftates and magiftrates, as well ec- 
clefiaftical as civil, fo far as it belongs to either of 
them 5 promiiing, on the contrary, to affift them by 
force and arms, whenever and as often as I fhall be 
required fo to do, for maintaining the civil order, and 
for the prefervation of tranquillity againft all who 

would 



138 "TREATIES WITH TH* [1496 

would make oppofhion thereto } but I am alfo to be 
allowed to execute the orders which the States Gene- 
ral (hall give me, confonant to, and in execution of, 
the treaty between his Imperial and Catholic Majcfty 
and their High Mightinefles. So help me God. 

' Here follows the 'fenor of the Full Power of the 
Minifter Plentydsntiary of bis Imperial and Catho- 
lic Maje/ly. 

\VE Charles the Sixth, by the Divine clemency 
elected Emperor of the Romans, always Augull, King 
of Germany, Spain, Hungary, and Bohemia, &c. 
Archduke of Auftria, Duke of Burgundy, Brabant, 
Styria, Carinthia, Carniola, and \Yirtembcrg, Count 
of Flanders, Habfpurg, Tyrol, and Goritia, &c. &c. 
The negotiation of peace which in the month of 
March laft was begun at Railad, between us and the 
moft Serene and Potent Prince and Lord Lewis XIV. 
the moft Chrittian King of France, being now, by the 
blefling of God, in a fair way to a conclufion, and 
that affair being now in fuch forwardnefs, that the 
treaty for the fecurity of the States General of the Uni- 
ted Netherlands, called the Limitary or Barrier Trea- 
ty, may forthwith be fet about, and amicably tranf- 
afted on both fides ; we therefore, relying on the fklr- 
lity, prudence, and experience of our and the Holy 
Roman Empire's beloved and faithful, the Illuftrious 
and Noble Jofrph Lothair Count Konigfcgg, our 
Chamberlain, Counfcllor of War, and Lieutenant 
Field Marfhal General, have by thefe prefents autho- 
rized him wkh full power for this purpofe, giving him 
all manner of licence, in our name to confer, treat, 
^nd tranfaft with the Deputies of the forefaid States 
General, authorized with like orders, in fuch phre 
as (hall be mutually chofen for this treaty, of and 
'upon the faid limits j promifing, on our Imperial and 
Royal word, to confirm, ratify, and approve all and 
fingulnr the things he (hall fo treat, conclude, and 
traniad, in the' time manner as if we ourielves being 
i prefent 



1743-] AUSTRIAN NETHERLANDS. 

preient had come and tranfafbed them. In witnefs 
\vhereof we have figned thefe prefents with our own 
hand, and commanded our Imperial Royal feal to be 
put thereto. Given in our city of Vienna, the 6th 
day of Auguft, in the year one thoufand feven hun- 
dred and fourteen, and in the third year of our Ro- 
man, the eleventh of our Spanifh, and the fourth of 
$mr Hungarian and Bohemian reign. 

. (Signed) CHARLES. 

And underneath, Joan. Frid. C. a Seilern. 

Philip Lud. C. a Sinzcndorff. 

By his Sacred Imperial Majefty's exprefs command, 
Signed, Joannes Georghis BuoL 

Here follows the T'enor of the Full Power of the Mi~ 
nifter Plenipotentiary of his Britannic Majefty. 

GEORGE, by the grace of God, King of Great 
Britain, France, and Ireland, Defender of the Faith, 
&c. To all and fingular to whom thefe prefent let- 
ters fhall come, greeting. Whereas by the treaty 
between our late deareft fifter and coufin Anne, Queen, 
of Great Britain, France, and Ireland, and -the High 
and Mighty Lords the States General of the United 
Provinces of the Netherlands, made at Utrecht on the 

Nineteenth i r i i r T i 

. ihll . tieth ' day of the month of January, an the year 
one thoufand feven hundred and ^-~^~- n , it was con- 
eluded and agreed, that the boundary commonly called 
the Barrier of the faid Lords the States General in 
the Spanifh Netherlands fhould be eftablifhed, and 
rules of commerce in the faid provinces fettled, when 
his Imperial and Catholic Majefty fhould enter into 
the pofleflion of them - 3 we have judged it for the in- 
tereft of us and of our kingdoms, and very much 
for the advantage of our common friends, to nomi- 
nate fome fit perfon, every way qualified for fuch a ne- 
gotiation, to repair on our part to the congrefs which 
is to be held at Antwerp, and there carefully to fee 

to 



TREATIES WITH THE 

to the eftablilhing of the faid barrier and of com- 
merce. Know ye, therefore, that we intirely relying 
on the fidelity, prudence, and experience in negotia- 
tions, of our trufly and well-beloved William Cado- 
gan, Efq; our Envoy Extraordinary to the High and 
Mighty States General of the United Provinces of the 
Netherlands, a Member of our Parliament of Great 
Britain, Mailer of our Robes, Lieutenant General of 
our forces, and Colonel of our fecond regiment of 
guards, have named, conflicted, made, and ordained, 
as by thefe prefents, figned with our Royal ham I, MO 
do nominate, conflitute, make, and ordain him to be 
our true, certain, and undoubted Commiffk-ner, Pro- 
curator, and Plenipotentiary, giving and granting to 
him all and all manner of licence, power, and au- 
thority, together with general as well as fpecial order, 
for us and in our name to meet, treat, confer, renew 
and conclude, with the Minifters of his Imperial and 
Catholic Majefty, and of the Lords the States Gene- 
ral of the United Netherlands, and with die Miniftcrs 
of any other Princes andStateswhatfoever, authorized 
with like fufficient power, at Antwerp, or in any other 
place, upon fuch aii lances, conventions, and articles, 
whether fecret or feparate, and all other tilings which 
may mofl conduce to the obtaining happily the fore- 
faid end, and in our name to fign and mutually de- 
liver and receive whatever (hall be by him fo renew- 
ed, concluded, and agreed, and to do and perform all 
things elle whatfoevcr which are neceflary to be done, 
in as ample manner and form as we ourfclf, were 
we prefent thereat, could do and perform ; engaging 
and promifing, on cur Royal word, to ratify, approve, 
and accept in the beft manner, what fhall be renewed 
and concluded by cur faid Commiflioner, Procurator, 
and Plenipotentiary, and never to fuffer the fame to 
be violated or infringed in whole or in part by any 
pc-rfon whatfoever. In witnefs and confirmation 
whereof we have caufed our great feal of Great Bri- 
tain to be affixed to thefe prefents, figned with our 

Royal 



1743-3 AUSTRIAN NETHERLANDS. 241 

Royal hand. Given t our palace at St. James's, the 
eleventh day of October, in the year of our Lord 
one thoufand feven hundred and fourteen, and of our 
reign the firft. 

(Signed) GEORGE R. 

Here follows the Tenor of the Powers of the Minifters 
Plenipotentiaries of the Lords /^States General. 

THE States General of the United Provinces of 
the Netherlands, to all and fmgular whom it does or 
in any manner may concern, greeting. Whereas in 
the prefent ftate of affairs, nothing is more defired by 
us, than that a fpeedy agreement be made between 
his Sacred Imperial Majefty and us, upon every 
thing neceflary for eftablilhing the boundary commonly 
called the Barrier, in the provinces of the Spanifrj 
Netherlands, for our fecurity-j we therefore relying on 
the prudence, experience, and fidelity of M. Bruno 
Vander Dufien, formerly Burgomafter, now Senator, 
Counfellor, and Syndic of the town of Gouda, Af- 
feflbr of the Council which has the adminiftration of 
the territory of Schiland, and Dykegrave of the dif- 
trict of Crimp ; Adolphus Henry Count Rechteren, 
Lord of Almeloe, chief Burgomafter of Zalland in 
Overyfiel ; Seato van Gockinga, Senator of the town 
of Groninguen ; and Adrian van Borflelen, Lord of 
Gueldermalfen, Senator of the town of Flufhing ; the 
three former being Deputies in our Aflembiy from the 
provinces of Holland and Weftfrifcland, Overyflel and 
Groninguen, and the Ommelands, the fourth a De- 
puty from Zealand in the Council of State; have no- 
minated, elected, and conftituted, . as we do hereby 
nominate, elect, and conftitute them to be our true 
and undoubted Plenipotentiaries, for conferring, treat- 
ing, and concluding, with him or them who on the 
part of his Sacred Imperial Majefty fhali be appointed 
with like power, whatever they lhall judge neceflary 
and ufcful on both fides for eftabiifhing the faid Bar- 
rier, with all things belonging thereto j giving and 

VOL. I, R granting 



242 TREATIES WITH THE [1496 

granting for this purpofe to all our faid Plenipoten- 
tiaries jointly, or to fome, and even to any one of 
them feparately, the reft being abient or otherwife hin- 
dered, full and all manner of power, together with 
general as well as fpecial order, to traniact, conclude, 
Same, fign, and fubfcribe the neceflary inftruments in 
this affair, and finally to do every thing which we our- 
felves, were we prefent, might have power to do, 
even though a more fpecial order might feem requi- 
fite : promifing bond fide to accept, ratify, and ap- 
prove whatever all our above-named Plenipotentiaries 
jointly, or fome, or even one of them feparately, the 
reft being abfent, or otherwife hindered, fhall by vir- 
tue of thefe prefents tranfact and conclude, and to 
make out and deliver in due form the inftruments of 
ratification thereupon. In witnefs whereof we have 
caufed thefe prefents to be fealed with our great foal, 
and to be figned by die Prefident of our Aflembly, 
and counterfigned by our Greffier. Hague, the twen- 
ty-eighth day of September, in the year one thoufand 
fcven hundred and fourteen. 

(Signed) A. Vetters. 

By command of the forementioned States General, 
(Counterfigned) F. Fagd. 

W E having feen and confidered the treaty above- 
written, have approved, ratified, and confirmed, as by 
thefe prefents, for us, our heirs and fucceflbrs, we do 
approve, ratify, and confirm the fame, in all and every 
the articles and claufes thereof; engaging and promi- 
fing on our Royal word, facredly and inviolably to per- 
form and obferve the forefaid treaty, and all and fm- 
gular the contents thereof, and never to fuffer (as fir 
as in us lies) any one to violate, or in any wife to 
aft contrary to the fame. In witnefs and confirmation 
whereof we have commanded our great feal of Great 
Britain to be affixed to thefe prefents, figned with 
our Royal hand. Given at our palace a: St. James's, 

the 



1743-] AUSTRIAN NETHERLANDS. 243 

the thirteenth day of the month of November, in 
the year of our Lord 1715, and of our reign the fe- 
cond. GEORGE R. 

GEORGE, by the Grace of God, King of Great 
Britain, France, and Ireland, Defender of the Faith, 
&c. To all and fmgular to whom thefe prefent let- 
ters fhall come, greeting. Whereas a certain fepa- 
rate article, belonging to the treaty for eftabliihing 
the boundary, commonly called the Barrier, concluded 
at Antwerp on the fifteenth day of this prefent month 
of November, was at the fame pjace and on the fame 
day flgned by the fame Miniilers Plenipotentiaries em- 
powered refpectively with fufficient authority, in the 
form and words following. 

Separate Article. 

WHEREAS in the nineteenth article of Barrier for 
the States General of the United Provinces in the 
Auftrian Netherlands, concluded this day, the fifteenth 
of November, one thoufand feven hundred and fifteen, 
between his Imperial and Catholic Majefty, his Bri- 
tannic Majefty, and the faid Lords the States Gene- 
ral, it is agreed to explain more particularly, by a fe- 
parate article, what relates to the mortgages, and the 
methods of receiving the fubfidy therein mentioned ; 
his Imperial and Catholic Majefty, for the better fe- 
curing and facilitating the payment of the faid fubfidy 
of five hundred thoufand crowns, or twelve hundred 
and fifty thoufand florins, Dutch money, yearly, agreed 
to and ftipulated by the faid article, does charge fpe- 
cially on the countries, towns, caftellanies, and de- 
pendencies, yielded by France, the annual fum of fix 
hundred and ten thoufand florins, Dutch money, ac- 
cording to the following repartition ; that is to fay, on 
the town of Tournay fifty-five thoufand florins, on 
die caftellany of Tournay, called the Tournefis, twen- 
ty-five thoufand florins, on the town and verge of Me- 
hin ninety thoufand florins ; and- on the part of Weflr 
R 2 Flanders, 



244 TREATIES WITH THE [1496 

Flanders, which was yielded by France, to be paid by 
a repartition among the towns, caftellanies, and de- 
pendencies, according to the tranfport de Flandres, 
four hundred and forty thoufand florins ; and for the 
reft, on the fubfidies of the province of Brabant one 
third, being the fum of two hundred and thirteen 
thoufand three hundred and thirty-three florins, and 
one-third of a florin ; and on thofe of the province of 
Flanders two-thirds, being the fum of four hundred 
twenty-fix thoufand fix hundred 'fixty-fix florins, and 
two-thirds of a florin, the faid refpedtive fums amount- 
ing together to the total fum five hundred thoufand 
crowns, or twelve hundred and fifty thoufand florins, 
Dutch money. 

The (hare of the province of Brabant is charged 
on the contingent of the country of Waas, including 
Beveren, of the country of Oudenbourg, of the liber- 
ties of Bruges, of the country of Aloft, and of the 
town and country of Dendermonde, towards the fub- 
fidies of shat province. 

And for the better fecuring the regular payment of 
the faid refpeftive fums, his Imperial and Catholic 
Majefty promifes and engages, that the payment fhall 
be made every three months, to commence from the 
day of the figning this prefent treaty, to be paid on 
the day the fame fhall become due. 

And in default of the laid payment at the faid end 
of three months,, his Imperial and Catholic Majefty 
docs now, and by this treaty order die States of the 
provinces and divifions, and the receivers of the fub- 
fidies, as well ordinary as extraordinary, and alfo thofc 
of his duties and demefhes, out of which the payment 
ought to be made conformably to the repartition 
above, that by virtue of this article, and at fight of a 
copy thereof, they take care to pay immediately at the 
end of each term, and without delay, to the receiver 
general of the faid States General, or to his order, 
the fums above fpecified, and without waiting for any 
wther order or aflignment i this prdent article being 

tt 



1 743.] AUSTRIAN NETHERLANDS. 245 

to ftand for an order and aflignment, now and for 
the time coming. And the faid payment fhall be al- 
lowed them on account, on the part of his Imperial 
and Catholic Maiefty, as if it had been made to him- 
felf. 

In default of which, or in cafe the faid States do 
not grant the fubfidies with requifite expedition, the 
States General {hall and may proceed to methods of 
compulfion and execution, and even by force of arms, 
againft the receivers, ftates, and demefnes of the faid 
provinces and divifions, which his Imperial and Ca- 
tholic Majefty fubjefts thereto by virtue of this arti- 
cle ; the whole without prejudice to the right of their 
High Mightinefles upon the other revenues of the fo- 
vereign over and above the fubfidy of the provinces, 
fuch as the duties of importation and exportation, the 
impofts, the tailles, tolls, and other demefnes. 

Moreover it is agreed, that the payment of the faid 
fubfidy fhall not be delayed, much lefs refufed, under 
pretext of compenfation, clearing of accounts, or other 
pretenfions, of what name or nature foever they 
may be. 

And this feparate article fliall have the fame force 
as the faid treaty of Barrier, and juft as if it were in- 
fer ted therein word for word, and fliall be ratified at 
the fame time as that treaty. 

In witnefs whereof we the Minifters Plenipotentia- 
ries of his Imperial and Catholic Majefty, of his 
Britannic Majefty, and of the Lords the States 
General, have figned this prefent article, and caufed 
the feals .of our "arms to be put thereto. At 
Antwerp, this fifteenth of November, one thou- 
fand feven hundred and fifteen. 

(L. S.) J. L. C. de Kinigfegg. (L. S.) IV Cadogan. 
(L. S.) B. V. Du/en. (L. S.) Lc Comte de Rechteren. 

(L. S.) S. L. Gockinga. 

(L. S.) Adr. Van Eor/ele 
Geldermalfen. 

R 3 WE 



246 TREATIES WITH THE [1496 

\V E having feen and confidercd the feparate article 
above- written, have approved, ratified, and confirm- 
ed, as by thefe prefents we do, for us, our heirs and 
fuccefibrs, approve, ratify, and confirm it in all and 
fingular the claufes thereof; engaging and promifing 
on our Royal word fincerely and faithfully to obferve 
and (as far as in us lies) to caufe to be obferved all 
and every the things contained in the forefaid feparate 
article. In witnefs and confirmation whereof we have 
commanded our great feal of Great Britain to be af- 
fixed to thefe prefents, figned with our Royal hand. 
Given at our palace at St. James's, the thirtieth day 
of the month of November, in the year of our Lord 
one thoufand feven hundred and fifteen, and of our 
reign the fecond. GEORGE R. 

Convention madt at London tbe i6tb of July, 
O.S. 1715. 

HIS Britannic Majefty's Minifters having com- 
plained that the commerce of his faid Britannic Ma- 
jefty with the Auftrian Netherlands is very much 
prejudiced by the high duties of importation laid upon 
the coarfe woollen cloths fent from Great Britain to 
the faid Auftrian Netherlands : the under-written Mi- 
nifter and Plenipotentiary of his Imperial and Catho- 
lic Majefty for the treaty of Barrier at Antwerp, de- 
clares by thefe prefents, that his Imperial and Catho- 
lic Majefty will confcnt to the immediate reducing of 
the duties on the faid coarfe woollen cloths, accor- 
ding to the following fpecification : and that in all 
other refpects the commerce of the iubjects of his 
Britannic Majefty, with the Auftrian Netherlands, 
ftiall remain, continue, and fubfift wholly on the fame 
foot as it does at prefent, without any alteration, in- 
novation, diminution, or augmentation to be made 
tinder any pretext whatfoever, till all the parties in- 
tercfted {hall agree upon a treaty of commerce. 



Dyed 



1 743.] AUSTRIAN NETHERLANDS. 247 

Dyed Woollen Cloths. Fl. Sols. 

A piece of the value of above 60 florins, 7 
up to 90 J; y 

A piece of the value of above 40 florins, 7 
up to 60 | ' 

A piece of the value of 40 florins, and 7 
under 3 ] 

Mixed Woollen Cloths. 

A piece of the value of above 60 florins, 
up to 90 

A piece of the value of above 40 florins, 
up to 60 

A piece of the value of 40 florins, and 



60 florins, 7 

y > 2 10 



under" . f 

White Woollen Cloths. 
A piece of the value of above 60 florins, 7 

f 2 IO 

up to 90 3 

A piece of the value of above 40 florins, 7 

up to 60 3 2 

A piece of the value of 40 florins, and 7 

under J 

Draps de Pie (cloth to lie upon floors) of 7 g 

all forts, the piece 3 

Done at London this 26th of July, O. S. 1715. 

(L. S.) J. L. de Kinigfegg. 

Requifiticn made to the Council of State at Bruflels, the 

6th of November, 1715. 

I T being abfolutely necerlary, for the fervice of his 
Imperial and Catholic Majefty, to leflen immediately 
the duties of importation on coarfe woollen cloths 
coming from Great Britain, and from the United 
Provinces, on the following foot. 

Woollen Cloths Dyed. 

A piece of the value of above 60 florins, 7 

up to 90 florins < 3 3 

From 40 to 60 2 

Of 40 and under i - 

R 4 Mixt, 



24* TREATIES WITH THE [1496 
Mixf. Fl. Sols. 

A piece of the value of 60 florins, and fo 



up to 90 

From 40 to 60 i 10 

Of 40 and under i 

White. 
A piece of the value of 60 florins, and fo? 

? 2 IO 

up to 90 ) 

From 40 to 60 2 

Of 40 and under I 

Draps de Pie (cloth to lie upon floors) of? _ g 

all forts, the piece \ 

And to reduce the duties of importation on bran- 
dies diftilled from corn coming from Great Britain, 
and from the United Provinces, to 3 florins the awm 
inftead of 8 which is now paid. You are required, 
Gentlemen, to give forthwith the neceflary directions 
in the finances, that the proper orders may be im- 
mediately iflued for this purpofe, and that the collec- 
tors of the duties of importation and exportation may 
conform themfelves accordingly thereto. Done at the 
conference at Bruflels, this 6th of November, 1715. 

(Signed) W Cadogan, 

jfohan Vander Bergb. 
Attefted to be a copy, 

P. /^". Francqueu. 

A Cofy cf tie Refolution of the Council of State, minu- 
ted in the Margin of the Confutation of the Coun- 
cil of the Finances, the -]th of November, 1715. 

HAVING made our reprefentation to the Mini- 
fters of the conference, conformably to this confuta- 
tion; and added allb other reafons to enforce it, they 
have newly made this day another more preflmg re- 
quifitien to us, by which they infift abfolutcly that the 
former be put in execution ; whereupon the council 
of the finances fhall iflue the orders therein fpecified ; 

but 



1 743.] AUSTRIAN NETHERLANDS. 249 

but it is understood that they fhall not have force nor 
effect, unlefs they be approved and ratified by his Im- 
perial and Catholic Majefty in the treaty of Barrier : 
This laft claufe, however, which begins with the words 
if is under jl oo d^ and ends with the words in the treaty 
of Barrier^ (hail not be inferted in the orders to be 
lent to the collectors. 

(Signed) Voorfp. 

Attefted to be a copy, 

P. /F. Francquen. 

Order of the Council of Finances to the Colleftors of the 

Duties. 

THE Ounfellors and Commifiioners of the de- 
mefnes and finances of his Imperial and Catholic Ma- 
jefty. Mcft dear and fpecial friends, we herewith 
fend you, by exprefs order of the Council of State 
appointed for the general government of thefe coun- 
tries, a copy of the requifition made to them by the 
Minifters of the conference, relating to the lefTening 
of the duties of importation on the coarfe woollen 
cloths coming from Great Britain, and fnin the 
United Provinces ; as alfo for reducing the faid du- 
ties on brandies diftilled from corn, commanding you, 
by exprefs order of the faid Council of State, to 
take care to regulate yourfelves purfuant thereto, in 
collecting the faid duties, and to give notice of it to . 
your fubalterns. Moft dear and fpecial friends, God 
have you in his holy keeping. Brufiels, at the coun- 
cil of the faid finances, the i2th of November, 1715. 
To the collectors of the duties of importation and 

exportation at 

Newport. Fort St. Philip. 

Ofterid. Borgerhout. 

Bruges. Mechlen. 

Ghent. Turnhout 

Dendermonde. Tirlemont. 

This is a copy agreeing with the minutes kept in the 
regiftry of the finances. 

P. W. Framquen. 
Extrafl 



TREATIES WITH THE [1496 

Extra ft from the 'Tariff fettled the i^fb of November, 

1715. 

N. B. A difficulty having rifen about the intention 
of the requifition of the 6th of November, 1715, of 
which mention is made in the a6th article of the treaty 
of Barrier, it is agreed provifionally to caufe the duties 
of importation on all the different forts comprehended 
in the above tariff under the denomination of woollen 
cloths, to be collected according to the tenor of the 
iaid requifition of the 6th of November, till his Im- 
perial and Catholic Majefty, and his Majefty the King 
of Great Britain, (hall agree upon it otherwifej and in 
the mean while the King's collectors and officers 
fhall permit the faiii manufactures to be imported, 
giving notice and taking fecurity for the payment of 
the overplus duties of importation on the foot the fame 
fhall be fettled. 

A Letter from tbe Imperial Envoy Count Volkra, to 
the Lord Vifcouni Townftiend, frinciyal Secretary 
of State. 

My Lord, 

YOU have acquainted me that complaints are madr 
here of contraventions to the twenty-lixth article of 
the treaty of Barrier, and I have had the honour to 
communicate to you what Count Kinigfegg has an- 
iwcred thereupon. 

I can declare to you befides, that for the future 
there will be an exact performance of the faid twenty- 
fixth article of the treaty of Barrier of the 1 5th of No- 
vember, 1715, and of the convention at London of the 
26th of July, 1715} as alfo of the declaration in the 
tariff of the i4th of November, 1715, that is to fay, 
that the duties on the petite draperie (or woollen fluffs) 
of England will be collected on the foot of the coarfe 
woollen cloths, according to the diminution cxprdfrd 
in the forefaid convention at London, without any al- 
teration, tiH: it be agreed otherwife between the Em- 
peror 



I743-] AUSTRIAN NETHERLANDS. 251 

peror and the King, our matters ; but in the mean 
time the merchants are to give fecurity to pay the 
furplus, if the matter lhall be fo determined between 
the two refpective courts. 

London, -f ~ Auguft, I am, &c. 

1716. *The Count Folkra. 

'The Emperor's Ratification. 

WE Charles the Sixth, by the Divine clemency 
elected Emperor of the Romans, always Auguit, King 
of Germany, Spain, Hungary, Bohemia, Dalmatia, 
Croatia, and Sclavonia, Archduke of Auftria, Duke 
of Burgundy, Brabant, Styria, Carinthia, Carniola, 
Limbourg, Luxembourgj Guelderland, Upper and 
Lower Silefia, and Wirtemberg, Prince of Swabia, 
Marquis of the Holy Roman Empire, of Burgaw, 
Moravia, Upper and Lower Lufatia, Count of Hapf- 
burg, Flanders, Tyrol, Ferrete, Kyburg, Goritia., and 
Namur, Landgrave of Alfatia, Lord of the Marck of 
Sclavonia, Port Nao, and Salins, &c. &:c. make known 
and atteft to all and fmgular whom it concerns. 
Whereas peace being made with France laft year at 
Baden in Switzerland, it was forthwith agreed between 
Us, the moft Serene and mod Potent King of Great 
Britain, and the States General of the United Nether- 
lands, that what by the alliance made in the year one 
thoufand feven hundred and one, on the feventh day 
of September, at the Hague, appeared yet remaining 
mutually to be performed, fhould without delay be 
adjufted in the Congrefs which was thought proper to 
be held at Antwerp by minifters refpectively autho- 
rized with full power j and elpecially that thofe places, 
towns, and fortifications of our Netherlands, which 
for the future might ferve for the fecurity, defence, 
and fafety, commonly called a Barrier, to the pro- 
vinces and dominions of the foreiaid States General, 
might be fpecified, and whatever elfe relates to that 
affair be fettled ; which by the favour of the Almighty, 
2 and 



*5C. . TREATIES WITH THE [1496 

and in efpecial manner by the friendly offices of the 
faid moft Serene King of Great Britain, was on 
the fifteenth day of November lad determined and 
concluded by thofe Minifters Plenipotentiaries, whofc 
names are hereunto fubjoined, in the following words 
aod articles : 

It having pleajed the Almighty to grant Peace for font: 
. Time pajl to Europe, &c. 

That we have ratified and approved, as by vir- 
tue of thefe prefcnts we do approve and ratify all and 
fingular the things that by Ours, his Britannic Ma- 
jefty's, and the States General's Minifters Plenipoten- 
tiaries, by virtue of an order empowering them, were, 
as is above recited, done, concluded, and tranfafted; 
promifing on our Imperial, Royal, and Archiducal 
word, faithfully and religioufly to perform and obferve, 
and caufe to bie obferved by our liibjects, what relates 
to us, and not to fuffer any thing to be done contrary 
thereto; afluredly trufting, that the Electors, Princes, 
and States of the Holy Roman Empire, duly confi- 
dering the circumftances of affairs which in the prefent 
juncture obliged us to yield what by the twenty-feventh 
article above is llipulated, touching the razing of the 
fortifications and citadel of Liege, and of the caftles 
and works of the town of Huy, will not fcruple to 
concur therein with their confent. In witnefs whereof, 
we have figned thefe prefents with our own hand, and 
caufcd our Imperial Royal feal to be put to it. Vi- 
enna, the twenty-firft day of the month of December, 
in the year one thoufand feven hundred and fifteen, 
the fifth of our Roman, the thirteenth of our Spanifh, 
and the fifth of our Hungarian and Bohemian reign. 

CHARLES (L.S.) 

Philip Lud. C. a Sinzfndorf. 

By the exprefs command of his Sacred Imperial 
and Catholic Majeity. 

John George Bus!. 

ttl 



I743-] AUSTRIAN NETHERLANDS. 

tfhe Emperor's Ratification of the feparate Article* 

WE Charles the Sixth, by the Divine clemency 
elected Emperor of the Romans, always Auguft, King 
of Germany, Spain, Hungary, Bohemia, Dalmatia, 
Croatia, and Sclavonia, Archduke of Auftria, Duke 
of Burgundy, Brabant, Styria, Carinthia, Carniola, 
Limbourg, Luxembourg, Guelderland, Upper and 
Lower Silefia, and Wirtemberg, Prince of Swabia, 
Marquis of the Holy Roman Empire, of Burgaw, 
Moravia, Upper and Lower Lufatia, Count of Hapf- 
burg, Flanders, Tyrol, Ferrete, Kyburg, Goritia, and 
Namur, Landgrave of Alfatia, Lord of the Marck 
of Sclavonia, Port Nao, and Salins, &c. &c. make 
known and atteft to all and fmgular whom it concerns. 
Whereas for very weighty reafons it has been thought 
fit, by a feparate article, to explain more particularly 
what by the nineteenth article of this treaty is ftipu- 
lated in general words, touching the annual fubfidy of 
five hundred thoufand crowns to be allowed for the 
garrifons of the States General, and to aftign the faid 
fubfidy by repartition on the feveral provinces of our 
Netherlands, and to fecure the payment of the fame 
in the following manner. 

Separate Article. ' 

Whereas in tie Nineteenth Article of Barrier for the 
States General of the United Provinces in the Auf- 
trian Netherlands, concluded this Day, the Fifteenth 
of November, One thoufand Seven hundred and 
Fifteen, &c. 

That we have approved this feparate article, and 
the contents thereof, in the like manner as the treaty 
itfelf, and by thefe prefents we promife to obferve 
it as faithfully and religioufly, and to caufe it to be 
obferved by our fubjefts. In witnefs whereof we 
have figned thefe prefents, and commanded our Im- 
perial Royal feal to be fet thereto. Given at Vienna, 
the 2 1 ft of the month of December, in the year one 

thoufand 



TREATIES WITH THE 

thoufand feven hundred and fifteen, the fifth of our 
Roman, the thirteenth of our Spanifh, and the fifth 
of our Hungarian and Bohemian reign. 

CHARLES (L.S.) 
Philip Lud. a Sinzwdorff. 

By exprefs command of his Sacred Imperial 
and Catholic Majefty, John George Buol. 

The Ratification of the States General. 

THE States General of the United Provinces of 
the Netherlands, to all who fhall fee thefe preients, 
greeting. Having feen and examined the treaty con- 
cluded and figned at Antwerp the fifteenth of the month 
of November, one thoufand feven hundred and fifteen, 
by the Minifters Plenipotentiaries of his Imperial and 
Catholic Majefly, of his Majefty the King of Great 
Britain, and Ours, touching the manner in which the 
Auftrian Netherlands are to ferve henceforward for 
the barrier of Great Britain and of our State, as the 
faid treaty here follows, inferted wbrd for word. 

It having pleaj'ed the Almighty to grant Peace for Jome 

Time paft to Europe, &c. 

We approving all that our Deputies and Minifters 
Plenipotentiaries have done, in concluding and fign- 
ing this treaty, have confented to, approved, and ra- 
tified, confent to, approve, and ratify the fame by 
thefe prefents: promifmg fincerely and faithfully to 
keep, obferve, and execute it in the whole, and in each 
of its articles, without acting contrary to it in any man- 
ner whatfoever, directly or indirectly. In witncfs 
whereof, we have caufed our great feal to be affixed 
to thefe prefents, and the fame to be figned by the 
Prefident of our Aflembly, and counterfigned by our 
Greffier. At the Hague,the fourteenth ofjanuary, one 
thoufand feven hundred and fixteen. W. Vander Does. 

By command of the above-mentioned Lords the 
States General, F. FageL 



I743-] AUSTRIAN NETHERLANDS. 

The States 'General's Ratification of the fepdfate Article. 

THE States General of the United Provinces of 
the Netherlands, to all who fhall fee thefe prefents, 
greeting. Having feen and examined the feparate 
article of the treaty concluded and figned at Antwerp 
the fifteenth of the month of November, one thoufand 
feven hundred and fifteen, by the Minifters Plenipo- 
tentiaries of his Imperial and Catholic Majefty, of his 
Majefty the King of Great Britain, and Ours, touch- 
ing the manner in which the Auftrian Netherlands are 
to ferve henceforward for the barrier of Great Britain, 
and of our State, the tenor of which Teparate article 
is as follows. 

Separate Article. 

. Wlwreas in the Nineteenth Article of Barrier for the 
States General of the United Provinces in the Auf- 
trian Netherlands, concluded this Day , the Fifteenth 
of November, One thoufand Seven hundred and 
Fifteen, &t. 

We approving all that our Deputies and Mihiftcrs 
Plenipotentiaries have done, in concluding and figning 
this feparate article, have confented to, approved, and 
ratified, confent to, approve, and ratify the fa-me by 
thefe prefents, promifing fmcerely and faithfully to 
keep, obferve, and execute it, without acting con- 
trary to it in any manner whatfoever, directly or indi- 
rectly. In witnefs whereof, we have caufed our great 
feal to be affixed to thefe prefents, and the fame to be 
figned by the Prefident of our Aflembly, andcounter- 
figned by our Greffier, At the Hague, the fourteenth 
of January, one thoufand feven hundred and fixteen. 

W. Vander Does. 

By command of the above-mentioned Lords the 
States General, F. FageL 



[The 



*$6 TREATIES WITH THE [1496 

[The following is printed from the original.] 

Count Volkra's Declaration, 1716, about the 'Trade in 
tbe Auftrian Netherlands. 

Milord, 

VOUS m'avez temoignc qu'on fe plaint ici des 
contraventions a Particle 26. du Traite de la Barricre; 
ct j'ai eu l'4ionneur de vous communiquer ce que 
Monfieur le Comte de Kinigfegg a repondu la-defius. 

Je puis vous declarer outre cela, qu'on fe tiendra a 
Tavenir exaetement a 1'obfervation du fufdit article 26. 
du Traite de la Barriere, du 15 Novembre, 1715, et 
a la convention de Londres, du 26 Juillet, 1 7 1 5, comme 
encore a la declaration du 14 Novembre, 1715; a fa- 
voir, qu'on louera les droits fur la petite drapei ie d'An- 
gleterre, fur le pied des gros draps, fuivant la dimi- 
nution exprimee dans la fufdite convention de Londres, 
fans aucune alteration, jufques a ce qu'on en fera con- 
venu autre'ment entre 1'Empereur et le Roi nos maitres ; 
mais que pourtant les marchands donneront caution de 
payer le furplus, fi Paffaire fera ainfi determinee entre 
les deux refpectives Cours. 

J'efpere, Milord, que vous ferez avancer, fans plus 

m. 

de delai, 1'emprunt de 200 pieces, felon la conven- 
tion faite la-deffus, en vous afllirant que 

Je fuis, avec une tres-parfaite eftime, 

Milord, 
Votre tres-humble et 

tres-obeiflant ferviteur, 

Londres, ce .- Aout, Le Comte Volkra. 

1716. 



[The 



I743-] AUSTRIAN NETHERLANDS. 257 

[The following is printed from the copy which was 
publifhed by authority in 1718.] 

The Treaty of Alliance for fettling the Public Peace, 
fgned at London, 7^^, 1718. 

GEORGE, by the grace of God, of Great Bri- 
tain, France, and Ireland, King, Defender of the Faith, 
Duke of Brunfwick and Lunenburg, Arch-Treafurer 
of the Holy Roman Empire, and Prince Elector, &c. 
To all and fingular, to whom thefe prefents fhall come, 
greeting. W hereas a certain treaty, containing as well 
the conditions of peace to be made between the Em- 
peror of the Romans and the King of Spain, and be- 
tween the faid Emperor and the King of Sicily, as the 
terms of a mutual alliance made between us and our 
good brother the faid Emperor of the Romans, and 
our good brother the moft Chriftian King, and our 
good friends the High and Mighty Lords the States 
General of the United Provinces of the Netherlands, 
by Plenipotentiaries on both fides fufnciently furnifhed 
with orders and authority for the fame, in our city of 
London, the twenty-fecond day of July laft paft, O. S. 
has been concluded and figned in the form and words 
following : 

In the Name of the moft Holy and undivided Trinity. 

Be it known to all whom it doth concern, or may 
any way concern. 

Whereas the moft Serene and moft Potent Prince, 
George, of Great Britain, France, and Ireland, King, 
Duke of Brunfwick and Lunenburgh, Elector of the 
Holy Roman Empire, &c. and the moft Serene and 
moft Potent Prince, Lewis the Fifteenth, the moft 
Chriftian King, &c. as likewife the High and Mighty 
States General of the United Provinces of the Ne- 
therlands, being continually intent on preferring the 
bleffing of peace, have duly confidered, that however, 
by the triple alliance concluded by them on the 4th 
of January, 1717, their own kingdoms and. provinces 

VOL, I. 5 were 



258 TREATIES WITH THE [1496 

were provided for, yet that the provifion was neither 
fo general nor fo iblid, as that the public tranquillity 
could long flourifh and laft, unlefs at the fame time 
the jealoufies which were ftill increafing between fome 
of the Princes of Europe, as perpetual occafions of va- 
riance, could be removed: and being convinced by 
experience from the war kindled the lall year in Italy, 
for the timely extinguifhing whereof, by a treaty made 
in the year 1718, they agreed 

amongft themfelves upon certain articles of pacifica- 
tion, according to which a peace might be brought 
about and eftablifhed between his Sacred Imperial Ma- 
jefty and the King of Spain ; as likewife between his faid 
Imperial Majefty and the King of Sicily; and farther 
gave a friendly invitation to his Imperial Majefty, that, 
out of his love for the public peace and quiet, he would 
receive and approve the faid articles of convention in 
his own name, and accordingly that he himfelf would 
accede to' the treaty made by them, the tenor of which 
is as followeth. 

Gouditkns of Peace between bis Imperial Majefty and bis 

Royal Catholic Majefty. 

I; For quieting the difturbances lately raifed con- 
trary to the peace of Baden, concluded the 7 th of Sep- 
tember, 1714, as likewife to the neutrality cftablifhcd 
for Italy by the treaty of the 1 4th of March, 1713, 
the moil Serene and molt Potent King of Spain obliges 
..himfelf to reftore to his Imperial Majefty, and accord- 
ingly (hall immediately, or at the fartheft after two 
ononths, to be reckoned from the exchange of the ra- 
tifications of this prefent treaty, actually reftore to 1m 
f.iid Imperial Majefty the ifland and kingdom of Sar- 
dinia, in the condition wherein he leized it, and fhall 
renounce, in favour of his Imperial Majefty, all rights, 
pretenfions, interefts, and claims upon the laid king- 
dom; fo that his Imperial Majefty fully and freely, 
and in the manner which he judges belt, out of his 
love to the public good, may difpoie of it as of his own 
property* 

II. Whereas 



I743-] AUSTRIAN NETHERLANDS. 259 

II. Whereas die only method which could be found 
out for fixing a durable balance in Europe was judged 
to be this, that it fhould be an eflablilhed rule that the 
kingdoms of France and Spain fhould never go toge- 
ther, or be united in one and the fame perfon, or in 
one and the fame line, and thit thofe two monarchies 
Ihould henceforward for ever remain feparate; and 
whereas for confirming this rule, fb necefTary for tije 
public tranquillity, thole Princes, to whom the prero- 
gative of birth might have given a right of fucceeding 
in both kingdoms, have folemnly renounced one of 
thofe two kingdoms for themfelves and all their pof- 
terity; fo that this feparation of the two monarchies 
has parTed into a fundamental law in the general afiem- 
bly commonly called Las Cortes, which was received 
at Madrid the 9th of November, 1712, and confoli- 
dated by the treaties of Utrecht, the nth of April, 
17135 his Imperial Majefty, being willing to give the 
utmoft perfection to fo neceflary and wholefome a law, 
to take away all ground of fufpicion, and to promote 
the public tranquillity, doth accept and agree to thofe 
things which were done, ratified, and eftablilhed in the 
treaty of Utrecht, with regard to the right and order 
of fuccefiion to the kingdoms of France and Spain, 
and doth renounce, as well for himfelf, as for his heirs, 
defendants, and lucceffors, male and female, all rights, 
and all and every preterifion whatfoever, not one in 
the leaft excepted, on any kingdoms whatfoever, do- 
minions, and provinces of the Spanilh monarchy, 
whereof the Catholic King was acknowledged to be 
the rightful poflerTor by the treaty of Utrecht, and 
will caufe to be made out in due form accordingly 
folemn acts of renunciation, which he will caufe tb 
be publifhed and regiftered in the proper courts, and 
promifes that he will exhibit the ufual inftruments 
thereupon to his Catholic Majefty, and to the con- 
tracting Powers. 

III. By virtue of the faid renunciation, which his 
Imperial Majefty has made out of regard to the fecu- 

S 2 rity 



TREATIES WITH THE [1496 

rity of all Europe; and in confederation likewife that the 
Duke of Orleans has for himfelf, and for his defcend- 
ants, renounced all his rights and claims upon the 
kingdom of Spain, on condition that neither the Em- 
peror, nor any of his defendants, fhall ever fucceed 
to the faid kingdom; his Imperial Majefty doth ac- 
knowledge Philip the Fifth to be lawful King of Spain 
and of the Indies, and doth promife to give him the 
tides and prerogatives belonging to his dignity and his 
kingdoms : and moreover, he will allow him, his de- 
fcendants, heirs, and fucceflbrs, male and female, peace- 
ably to enjoy all thofe dominions of the Spanifn mo- 
narchy in Europe, the Indies, and elfewhere, the pof- 
feffion whereof was allowed to him by die treaties of 
Utrecht, nor will he direftly or indirectly difturb him 
in the faid poflefllon at any time, nor will he claim to 
himfelf any right to the faid kingdoms and provinces. 

IV. In return for the renunciation and acknow- 
ledgment made by his Imperial Majefty in the two 
foregoing articles, the Catholic King, as well in his 
own, as in the name of his heirs, defcendants, and 
fucceflbrs, male and female, doth renounce in favour 
of his Imperial Majefty, his fucceflbrs, heirs, and de- 
fcendants, male and female, all rights and claims 
whatfoever, none in the leaft being excepted, upon all 
and every the kingdoms, provinces, and dominions, 
which his Imperial Majefty doth pofifefs in Italy or the 
Netherlands, or may accrue to him by virtue of this 
prefent treaty; and he doth wholly abdicate all rights, 
kingdoms, and provinces in Italy, which heretofore 
belonged to the Spanilh monarchy, amongft which the 
rnarquifate of Final, yielded by his Imperial Majelty 
to the republic of Genoa in the year 1713, is under- 
flood to be exprefsly comprehended, and he will caufe 
to be made out accordingly folemn a<5ts of renunciation 
in due form, which he will caufe to be publifhed and 
regiftered in the proper courts, and promifes that he 
will exhibit the ufual inftruments thereupon to his Ini- 
periaJ Majefty and the contracting Powers. His Ca- 
tholic 



1743-1 AUSTRIAN NETHERLANDS. 261 

tholic Majefty doth in like manner renounce the right 
of reverfion of the kingdom of Sicily to the crown of 
Spain, which he had referved to himfelf, and all other 
claims and pretenfions under pretext whereof he might 
difturb his Imperial Majefty, his heirs and fuccefibrs, 
directly or indirectly,, as well in the aforefaid kingdoms 
and provinces, as in all other dominions, which he ac- 
tually poffefles in the Netherlands or elfewhere. 

V. Whereas, in cafe the Grand Duke of Tufcany, 
or the Duke of Parma and Placentia, or their fuccef- 
fors, fhould die without male iffue, the pretenfions of 
fuccefilon to the dominions porTefTed by them might 
kindle a new war in Italy, on account of the different 
rights of fuccefllon, whereby, after the deceafe of the 
next heirs before her, the prefent Queen of Spain, 
born Dutchefs of Parma, claims the faid dukedoms to 
herfelf on the one part, and the ^Emperor and empire 
on the other part. To the end that the great difputes, 
and the evils arifmg from them, may be timely obvi- 
ated, it is agreed, that the ftates and dutchies at prefent 
pofTefTed by the Grand Duke of Tufcany, and Duke 
of Parma and Placentia aforefaid, fhall in time to come 
be held and acknowledged by all the contracting Powers 
as undoubted male fiefs of the Holy Roman Empire, 
His Imperial Majefty on his part doth confent, by him- 
felf as head of the empire, that whenever it fhall hap- 
pen that the faid dutchies fhall lie open for want of heirs 
male, the firft-born fon of the faid Queen of Spain, and 
his defendants, being males, born in lawful matrimony, 
and in default of them, the fecond-born, or other the 
younger fons of the faid Queen, if any fhall be born, to- 
gether with their male defendants, born in lawful mar- 
riage, fhall in like manner, fucceed to all the provinces 
aforefaid. To which end, it being neceflary that the 
confent of the empire be alfo given, his Imperial Ma- 
jefty will ufe all his endeavours to obtain it; and having 
obtained it, he will caufe the letters of expectative, con- 
taining the eventual inveftiture for the fon of the faid 
Queen, or her fons, and their legitimate male de- 
S 3 fcen4ants 4 



262 TREATIES WITH THE [1496 

fcendants, to be expedited in due form; and he v.ill 
caufe the faid letters to be delivered to the Catholic 
King immediately, or at leaft after two months from 
the exchange of the ratifications ; without any da- 
mage, neverthelefs, or prejudice, to the Princes who 
now have pofieflion of the laid dutchies, which poflef- 
fion is to remain entirely (life to them. 

It is farther agreed, between his Sacred Imperial 
Majefty, and the Catholic King, that the town of Leg- 
horn may, and ought, perpetually to remain a free 
port, in the fame manner as it now is. 

By virtue of the renunciation made by the King of 
Spain, of all the dominions, kingdoms, and provinces 
in Italy, which heretofore belonged to the Kings of 
Spain, that King fhall yield to the aforefaid Prince 
his fon, the town of Porto Longone, together with 
that part of the ifland Elba, which he actually poi- 
lefTes therein j and lhall deliver the fame up to him, 
as foon as that Prince, on the extinction of the male 
pofterity of the Grand Duke of Tufcany, fhall be adr 
mitted into the actual pofleffion of his territories. 

It is moreover agreed to, and provided by folemn 
contract, that none of the aforefaid dutchies or domi- 
nions, at any time, or in any cafe, may or ought to 
be poflefied by a Prince, who at the fame time holds 
the kingdom of Spain ; and that no King of Spain 
can ever take upon him the guardianfhip of that 
Prince, or may be allowed to exercife the lame. 

Laftly, it is agreed, and thereto all and fingular the 
parties contracting have equally bound themfelves, 
that it never fhall be allowed, during the lives of the 
prefent pofiefibrs of the dutchies of Tulcany and Par- 
ma, or- of their male fucceflbrs, that any forces of any 
country whatfoever, whether their own or hired, fhall 
either by the Emperor, the Kings of Spain and 
France, or even by the Prince appointed, as above, 
to the fucceffion, be introduced into the provinces and 
lands of the faid dutchies ; nor fhall any of them 
place any garrifon in the cities, ports, towns, or for- 
trefles therein fituated, Bu 



I743-] AUSTRIAN NETHERLANDS. 263 

But, that the faid Ton of the Queen of Spain, ap- 
pointed by this treaty to the fucceflion of the Great 
Duke of Tufcany and the Duke of Parma and Pla- 
centia, may be more fully fecured againft all events, 
and may more certainly depend on the execution of 
the fucceflion promifed him ; and likewife that the 
fief, conftituted as above, may remain inviolable to 
the Emperor and empire , it is agreed on both fides, 
that garrifons, not exceeding however the number of 
fix thoufand men, fhall be put into the principal towns 
thereof, viz. Leghorn, Porto Ferraro, Parma, and 
Placentia, be taken from among the Swifs Cantons, 
which cantons are for this purpofe to be paid by 
the three contracting Powers, who have taken upon 
them the part of mediators, ^nd the faid garrifons 
are therein to be continued till the cafe of the faid 
fucceflion fhall Happen, when they fhali be obliged to 
deliver the towns to the laid Prince appointed to the 
fucceflion ; neverthelefs, without any trouble or charge 
to the prefent poffeffors, and their fuccerTors being 
males, to whom likewife the faid garrifons are to take 
an oath of fidelity, and are to aflume to themfelves 
no other authority than only the guard of the cities 
committed to their charge. 

But whereas this beneficial work may be longer de- 
layed than is convenient, before an agreement can be 
made with the Swifs Cantons about the number, pay, 
and manner of eftablilhing fuch a force ; his Sacred 
Royal Britannic Majefty, out of his fingular zeal for 
the faid work, and the public tranquillity, and for the 
earlier obtaining the end propofed, will not in the 
mean time refufe to lend his own forces for the ufe 
above-mentioned, if the reft of the contracting Powers 
think good, till the forces to be raifed in the Swiis 
Cantons can take upon them the guard and cuflody 
of the faid cities. 

VI. His Catholic Majefty, to teftify his fmcere in- 
clination for the public tranquillity, doth confent to aU 
things hereafter mentioned, with regard to what is fet- 
S 4 tied 



464 TREATIES WITH THE [1496 

tied about the kingdom of Sicily for the advantage 
of his Imperial Majefty, and doth renounce for him- 
felf, his heirs and fucceflbrs, male and female^ the 
Yight of reverfion of that kingdom to the crown of 
Spain, which he exprefsly referved to himfelf by the 
inftrument of ceflion dated the loth of June, 1713. 
Out of love to the public good he moreover departs 
from the faid aft of the loth of June, 1713, as far as 
is necefiary, as likewife from the fixth article of the 
treaty of Utrecht, betwixt himfelf and his Royal 
Highnefs the Duke of Savoy, as likewife in general 
from every thing that may oppofe the retroceflion, dif- 
pofition, and permutation of the above-mentioned king- 
dom of Sicily, by this prefent treaty eftablilhed. On 
condition, neverthelefs, that the right of reverfion of 
the ifland and kingdom of Sardinia to the faid crown 
may be yielded and allowed to him, as hereafter, in 
the fecond article of the conventions between his Sa- 
cred Imperial Majefty and the King of Sicily, is far- 
ther explained. 

VII. The Emperor and the Catholic King mutu- 
ally promife and bind themfelves to a reciprocal de- 
fence and guaranty of all the kingdoms and provinces 
which they actually pofiefs, or the pofiefilon whereof 
ought to belong to them by virtue of the prefent 
treaty. 

VIII. His Imperial Majefty and his Royal Catho- 
lic Majefty fhall immediately after exchange of the 
ratifications of .thefe prefent conventions, put in execu- 
tion all and every the conditions therein comprehen- 
ded, and that within the fpace of two months at the 
fartheft, and the inftruments of the ratifications of the 
faid conventions fhall be exchanged at London within 
the fpace of two months, to be computed from the 
day of figning, or fooner if poflible. Which execu- 
tion of the conditions being previou fly performed, their 
Minifters and Plenipotentiaries, by them to be named, 
fliall in the place of congrefs, which they Ihall agree 

upon, 



I743-] AUSTRIAN NETHERLANDS. 265 

upon, with all fpeed feverally fettle and determine 
the other points of their particular peace, under the 
mediation of the three contracting Powers. 

It is farther agreed, that in the treaty of peace 
particularly to be made between the Emperor and the 
King of Spain, a general amnefty Ihall be granted to 
all perfons, of any ftate, dignity, degree, or fex what- 
foever, whether ecclefiaftical or military, political or 
civil, who followed the party of the one or the other 
Prince during the late war ; in virtue whereof all and 
fmgular the faid perfons Ihall be permitted to receive, 
and they may receive full pofTeflion and ufe of their 
goods, rights, privileges, honours, dignities, and im- 
munities, and Ihall ufe and enjoy the fame as freely as 
they did enjoy them at the beginning of the laft war, 
or at the time when they begun to join themfelves to 
the one or the other party, all confiscations, arrefts, 
and fentences, made, pafled, or pronounced, during 
the war, to the contrary notwithstanding, which ihail 
be held as null and of no effe<5t. In virtue moreover 
of the aforefaid amnefty, it fhall be lawful and free 
for all and fmgular the faid perfons, who followed one 
or the other party, to return to their country, and to 
enjoy their goods in the fame manner as if no war 
had happened ; and a full licence is given them to 
take care of the faid effects, either by themfelves if 
they Ihould be prefent, or by their attorneys, if they 
fhould choofe rather to abfent themfelves from their 
country, and they may either fell, or any other way, 
according to their pleafure, difpofe of them, entirely 
after the fame manner they might have done before 
the beginning of the war. 

Conditions of the 'Treaty to be concluded between his 
Imperial Majefty and the King of Sicily. 

I. WHEREAS the ceffion of Sicily, by the trea- 
ties of Utrecht, to the Houfe of Savoy, being folely 
made for rendering that peace folid, and not on the 
account of any right the King of Sicily had thereto, 

has 



266 TREATIES WITH THE [1496 

has been fo far from bringing about the end propofed, 
that, as all JLurope can witnefs, it has rather proved 
the great obftacle which hindered the Emperor from 
acceding to the faid treaties, inafmuch as the fepara- 
tion of the kingdoms of Naples and Sicily, fo long 
ufed to remain under the fame dominion, and to be 
called by the name of both the Sicilies, has not only 
been found oppofite to the common interefts and mu- 
tual prefervation of both kingdoms, but likewife to 
the repofe of all Italy, being conftantly productive 
of new commotions, while neither the ancient inter- 
courfe and mutual relation between the two nations 
can be deltroyed, nor the interefts of the different 
Princes can be eafily reconciled : for this reafon it is 
that the Princes, who firft made the Utrecht treaties, 
have thought it lawful for them, even without the 
confent of the parties concerned, to abrogate that one 
article of thofe treaties which regards the kingdom of 
Sicily, and is not any principal part of the laid treaty, 
founding themfelves chiefly upon thefe realbns ; That 
the prefent treaty will receive its increafe and comple- 
tion from the Emperor's renunciation; and that by 
the exchange of Sicily for Sardinia, the wars which 
threaten Italy may be prevented, inafmuch as the 
Emperor might rightfully attack Sicily, which he ne- 
ver yet renounced, and which, fince the infraction of 
the neutrality of Italy by the feizure of Sardinia, he 
may rightfully recover by force of arms : befides that 
the King of Sicily may become pofiefled of a certain 
and durable dominion by the benefit of fo Iblemn a 
treaty with his Imperial Majefty, and guarantied by 
the chief Princes of Europe. Being moved therefore 
by fo great reafons, they have agreed that the King of 
Sicily fhall reftore to his Imperial Majefty the ifland 
and kingdom of Sicily, with all its dependencies and 
appendages, in the ftate wherein they now are, im- 
mediately, or in two months at the fartheft from the 
exchange of the ratifications of the prefent treaty. 
And he fhall in favour of the Emperor, his hens 

and 



1 743-1 AUSTRIAN NETHERLANDS. 267 

and fuccefibrs of, both fexes, renounce all rights and 
pretenfions whatsoever to the faid kingdom, as well 
for himfelf as his heirs and fuccefibrs, male and fe- 
male ; the reverfion thereof to the crown of Spain 
Eyeing entirely taken away. 

II. In return, his Imperial Majefty fhall yiejd to 
the King of Sicily the ifland and kingdom of Sardi- 
nia, in the fame condition wherein he fhall receive 
it from the Catholic King, and fhall renounce all 
rights and interefts in the faid kingdom, for himfelfj 
his heirs and fuccefibrs of both fexes, in favour of the 
King of Sicily, his heirs and fucce|Tors, that he may 
hereafter perpetually pofTefs the fame, with the title of 
a kingdom, and all other honours annexed to the royal 
dignity, in the fame manner as he poffelTed the king- 
flom of Sicily; on condition, neverthelefs, that the 
reverfion of the faid kingdom of Sardinia Ihall be 
referved to t|ie crown of Spain, whenever it may 
happen that the King of Sicily fhall be without heirs 
male, and all the Houfe of Savoy fhall likewife be 
deftuute of heirs male. But in the fame manner al- 
together as the faid reverfion was fettled and ordained 
for the kingdom of Sicily by the treaties of Utrecht, 
and by the act of ceflion in purfuance thereof made by 
the King of Spain. 

III. His Imperial Majefty fhall confirm to the 
King of Sicily all the ceflions made to him by the 
treaty figned at Turin the 8th of November, 1703, 
as well of that part of the dutchy of Montferrat, as 
of the provinces, cities, towns, caftles, lands, places, 
rights, and revenues of the ftate of Milan, which he 
now doth pofTefs, in the manner wherein he actually 
doth pofTefs them ; and he will ftipulate for himfelfj 
his defcendants and fucceffors, that he never will 
difturb him, his heirs or fucceflbrs, in the pofieflion 
aforefaid : on condition, neverthelefs, that all other 
claims and pretenfions, which he may poflibly make 
in virtue of the faid treaty, fhall be and remain void. 

IV. His 



s68 TREATIES WITH THE [1496 

IV. His Imperial Majefty fhall acknowledge the 
right of the King of Sicily, and his Houfe, to fuc- 
ceed immediately to the kingdom of Spain and of the 
Indies, in cafe of the failure of King Philip V. and 
his pofterity, in manner as is fettled by the renunci- 
ations of the Catholic King, the Duke of Berry, and 
the Duke of Orleans, and by the treaties of Utrecht ; 
and his Imperial Majefty Ihall promife, as well for 
himfelf as for his fuccefibrs and defendants, that at 
no time he will directly or indirectly oppofe, or any 
way act contrary' to the fame. It is declared, never- 
thelefs, that no Prince of the Houfe of Savoy, who 
fhall fucceed to the crown of Spain, may pofiefs at the 
fame time any province or dominion on the continent 
of Italy, and that in fuch cafe thofe provinces fhall 
devolve to the collateral Princes of that Houfe, who 
Hull fucceed therein one after another, according to 
the proximity of blood. 

V. His Imperial Majefty and the King of Sicily 
(hall give mutual guaranties for all the kingdoms and 
provinces which they actually poflcfs in Italy, or 
which Ihall accrue to them by virtue of this prefcnt 
treaty. 

VI. His Imperial Majefty and the King of Sicily, 
immediately after the exchange of the ratifications of 
thefe conventions, fhall put in execution all and every 
the conditions therein contained, and that within the 
fpace of two months at the fartheft : and the inftru- 
ments of the ratifications of the faid conventions Ihall 
be exchanged at London within two months from the 
day of Ggning, or fooner if poflible. And immedi- 
ately after the previous execution of the faid condi- 
tions, their Minifters and Plenipotentiaries by them to 
be named fhall, in the place of congrefs they fhall 
agree upon, with all fpeed feverally fettle the other 
points of their particular peace, under the mediation 
of the three contracting Powers. 

8 His 






I743-] AUSTRIAN NETHERLANDS. 165 

His above-named .Imperial and Catholic Majefty, 
being extremely inclined to promote the peace pro- 
pofed, and to avert the dreadful calamities of war, 
and out of his fincere defire to fettle an univerfal pa- 
cification, hath accepted the afore- mentioned conven- 
tions, and all and fmgular the articles thereof, and 
hereby doth accept the fame, and accordingly has en- 
tered into a particular treaty with the three Powers 
abovefaid, on the following conditions. 

I. That there be and remain between his Sacred 
Imperial Catholic Majefty, his Sacred Royal Majefty 
of Great Britain, his Sacred Royal moft Chriftian 
Majefty, and the High and Mighty Lords the States 
General of the United Netherlands, and their heirs 
and fucccflbrs, a moft ftrict alliance, in virtue whereof 
each of them are bound to preferve the dominions and 
fubjefts of the others, as likewife to maintain peace, 
to promote mutually the interefts of the others as their 
own, and to prevent and repel all damages and inju- 
ries whatfoever. 

II. The treaties made at Utrecht and Baden fhall 
remain in their full ftrength and force, and lhall be a 
part of this treaty, thofe articles excepted, from which 
it has been judged for the public good to depart ; as 
likewife thofe articles of the Utrecht treaties excepted, 
which were aboliihed by the treaty of Baden. The 
treaty of alliance made at Weftminfter the 2jdi of 
May, 1716, between his Sacred Imperial and Catho- 
lic Majefty, and. his Sacred Royal Majefty of Great 
Britain, as likewife the treaty made at the Hague the 
4th of January, 1717, between the King of Great 
Britain and the moft Chriftian King, and the States 
General of the United Provinces, fhall neverthelefs 
remain in full force in every particular. 

III. His Sacred Britannic Majefty, as likewife his 
Sacred moft Chriftian Majefty, and the Lords the 
States General of the United Netherlands, do cove- 
nant for themfelves, their heirs and fucceflbrs, that 
they never will, diredly or indirectly, diffurb his Sa- 
cred 



270 TREATIES WITH THE [1496 

cred Imperial and Catholic Majefty, his heirs and fuc- 
ceffbrs, in any of his kingdoms, dominions, and pro- 
vinces, which he pofTefles by virtue of the treaties of 
Utrecht and Baden, or which he fhail gain poflefiion 
of by virtue of this prefent treaty. On the contrary, 
they both will and ought to defend and guaranty the 
provinces, kingdoms, and jurifdictions, which he now 
poflefles, or which fhall accrue to him in virtue of 
this treaty, as well in Germany as in the Netherlands 
and in Italy ; and they promife that they will defend 
the faid kingdoms and provinces of his Imperial and 
Catholic Majefty, againft all and fingular who may 
attempt to invade the fame in a hoftile manner j and 
that they both will and ought, when the cafe hap- 
pens, to furnifh him with liich fuccours as he fhall 
need, according to the conditions and repartition which 
they have agreed upon as .hereafter mentioned. In 
like manner, their Royal Britannic and moil Chrif- 
tian Majefties, and the States Gene; r.l, exprefsly bind 
themfelves, that they will not at any time give or grant 
any protection or refuge, in any part of their domini- 
ons, to the fubjedts or his Imperial and Catholic Ma- 
jefty, who actually are, or hereafter fhall be by him 
declared rebels, and in cafe any fuch fhall be found 
in their kingdoms, provinces, or dominions, they fin- 
cerely promife that they will take effectual care to 
expel them out of their territories, within eight days 
after application made by his Imperial Majefty. 

IV. On the other hand, his Sacred Imperial and 
Catholic Majefty, his Sacred Royal Britannic Ma- 
jefty, and the States General of the United Provin- 
ces, promife for themfelves, their heirs and fuccef- 
fors, that they never will, directly or indirectly, dif- 
turb his Sacred moft Chriftian Majefty in any of his 
dominions to the crown of France now belonging. On 
the contrary, they will and ought to guard and defend 
the fame againft all and fingular who may attempt 
to invade them in a hoftile manner, and in that cafe 
they will and ought to furnifh fuch fuccours as his 

moft 



1743] AUSTRIAN NETHERLANDS. 271 

mod Chriftian Majefty (hall want, according as here- 
after is agreed upon. 

His Sacred Imperial and Catholic Majefty, his Sa- 
cred Royal Majefty of Great Britain, and the Lords 
the States General, do likewife promife and oblige 
themfelves, that they will, and ought to maintain, 
guaranty, and defend the right of fuccefiion in the 
kingdom of France, according to the tenor of the 
treaties made at Utrecht the nth of April, 1713, 
obliging themfelves to ftand by the faid fucceffion, 
plainly according to the form of the renunciation made 
by the King of Spain the 5th of November, 1712, 
and by a folemn aft accepted in die General A (Terribly 
of the States of Spain, the 9th day of the month and 
year aforefaid, which thereupon pafTed into a law die 
1 8th of March, 1713, and laftly was eftablilhed and 
fettled by the treaties of Utrecht : and this they fhall 
perform againft all perfons whatfoever who may pre- 
fume to difturb, the order of the faid fuccefllon, in 
contradiction to the previous acts, and treaties fubfe- 
quent thereupon; to which end they fhall furniih 
the fuccours, according to the repartition agreed on 
below. Farther, when the matter may require it, they 
fhall defend the laid order of fucceflion with all their 
forces, by likewife declaring war againft him who may 
attempt to infringe or impugn the fame. 

Moreover, his Imperial Royal Catholic Majefty, 
and his Royal Britannic Majefty, and the States Ge- 
neral, do likewife promife, that they will not at any 
time give or grant any protection or refuge in their 
dominions to the fubjedts of his Royal moft Chriftian 
Majefty, who actually are, or hereafter fhall be de- 
clared rebels j and in cafe any fuch fhall be found in 
their kingdoms, provinces, and dominions, they fhall 
command them to depart the fame within the fpace of 
eight days after application made by the faid King, 

V. His Sacred Imperial and Royal Catholic Ma- 
jefty, as alfo his Royal moft Chriftian Majefty, and 
the States General of the United Provinces, do bind 
2 themfelves, 



72 TREATIES WITH THE [1496 

themfelves, their heirs and fticceflbrs, to maintain and 
guaranty the fuccefiion in the kingdom of Great Bri- 
tain, as eftablifhed by the laws of that kingdom, in the 
Houfe of his Britannic Majefty now reigning, as like- 
wife to defend all the dominions and provinces pof- 
fefled by his Majefty. And they ft) all not give or 
grant any protection or refuge, in any part of their 
dominions, to the perfon, or his defendants, if he 
fhould have any, who, during the life of James the 
Second, took on him the title of Prince of Wales, and 
fince the death of that King aflumed the royal title 
of King of Great Britain ; promifing alike for the.n- 
felves, their heirs and fuccefibrs, that they will not 
give to the faid perfon or his defendants, directly or 
indirectly, by fea or by land, any fuccour, counfel, or 
afliftance whatfoever, either in money, arms, military 
ftores, {hips, foldiers, mariners, or any other manner 
whatfoever. The fame they fhall obferve with regard 
to thofe who may be ordered or commifiioned by the 
faid perfon, pr his defcendants, to difturb the govern- 
ment of his Britannic Majefty, or the tranquillity of 
his kingdom, whether by optn war or clandeftine con- 
fpiracies, by raifing feditions and rebellions, or by ex- 
ercifing piracy on his Britannic Majefty's fubjects. In 
which laft cafe his Imperial and Royal Catholic Ma- 
jefty doth promile, that he will in no wife allow that 
there be any receptacle granted to fuch pirates in his 
ports in the Netherlands. The fame do his Sacred 
mod Chriftian Majefty, and the States General of the 
United Provinces, ftipulare, with regard to the ports 
in their refpedtive dominions : as, on the other hand, 
his Britannic Majefty doth promife, that he will re- 
fufe any refuge in the ports of his kingdoms to pi- 
rates infefting the fubjects of his Sacred Imperial and 
Royal Catholic Majefty, of his Sacred Royal mod 
Chriftian Majefty, or of the Lords the States General. 
Laftly, His Imperial and Royal Catholic Majefty, his 
Sacred Royal moft Chriitian Majefty, and the Lords 
the States General, oblige themfelves, that they never 

will 



I743-] AUSTRIAN NETHERLANDS. 275 

will give any refuge or protection, in any part of 
their dominions, to fuch of his Britannic Majefty's 
fubjedts as actually are, or hereafter fhall be declared 
rebels ; and in cafe any fuch fhall be found in any of 
their kingdoms, provinces, and dominions, they fhall 
command them, within eight days after application 
made by the faid King, to depart out of their territo- 
ries. And if it mould happen that his Sacred Bri- 
tannic Majefty mould be invaded in any part in a 
hoftile manner, his Imperial and Royal Catholic Ma- 
jefty, as likewife his Royal moft Chriftian Majefty, 
and the States General of the United Provinces^ do 
oblige themfelves in that cafe to furniih the fuccours 
hereafter fpecified. The fame they are to do in favour 
of his defcendants, if ever it mould happen that they 
ihould be difturbed in the fucceflion of the kingdom 
of Great Britain. 

VI. His Imperial and Royal Catholic Majefty, and 
their Royal Britannic and moft Chriftian Majefties, 
do bind themfelves, their heirs and fucceflbrs, to pro.- 
tect and guaranty all the dominions, jurifdictions, and 
provinces, which the Lords the States General of the 
United Provinces actually poflefs, againft all perfons 
whatfoever who may difturb or invade them, promif- 
ing to furnifh them in fuch cafe with the fuccours here- 
after mentioned. His Imperial and Royal Catholic 
Majefty, and their Royal Britannic and moft Chriftian 
Majefties, likewife oblige themfelves, that they will 
give no refuge or protection, in any of their kingdoms, 
to the fubjects of the States General, who are, or here- 
after mail be declared rebels ; and if any fuch fhail 
be found in any of their kingdoms, dominions, or 
provinces, they will take care to fend them out of their 
dominions within the fpace of eight days after applica- 
tion made by the Republic. 

VII. When it fhall happen that any one of the four 
contracting Power* fhall be invaded by any other 
Prince or State, or difturbed in the pofieffion of their 

VOL. I. T kingdoms 



274 TREATIES WITH THE [1496 

kingdoms or dominions, by the violent detention of 
their fubjects, (hips, goods, or merchandize, by lea 
or by land, then the three remaining Powers lhall, as 
foon as they are required thereto, ufe their good offices 
that the party fuftering may have fatisfadtion for the 
damage and injury received, and that the aggreflbr 
may abftain from the profecution of his hoftility. But 
when thefe friendly offices for reconciliation, and pro- 
curing fatisfadtion and reparation to the injured party; 
ihall have proved infufficietit, in that cafe the high 
allies, within two months after application made, lhall 
furnilh the party invaded with the following fuccours, 
jointly or feparately ; viz. 

His Imperial and Royal Catholic Majefty, eight 
thoufand foot, and four thoufand horfe. 

His Britannic Majefty, eight thouiand foot, and four 
thoufand horfe. 

His mod Chriftian Majefty, eight thoufand foot, 
and four thoufand horlc. 

And the Lords the States General, four thoufand 
foot, and two thoufand horfe. 

But if the Prince or party injured, inftead of foldiers 
chufes rather Ihtps of war, or tranlports, or fubfidies 
in money, which is left to his difcretion, in that cafe, 
the fhips or money defiretl (hall be granted him in pro- 
portion to the charge of the foldiers to be furnilhed. 
And, that all ambiguity with regard to the calculation 
and charge of fuch fums may be taken away, it is 
agreed, that a thoufand foot by the month, lhall be 
reckoned at ten thoufand florins of Holland, and a 
thoufand horfe lhall be reckoned at thirty thoufand 
florins of Holland, by the month ; the fame proportion 
being obferved with relpeft to the Ihips. 

."When the above-named fuccours ihall be found in- 
lufficient for the necefllty impending, the contracting 
Powers lhall, without, delay, agree on contributing 
more ample fupplies. And farther, in cafe of exi- 
gency,, they lhall afiift their injured ally -with all their 
forces, and declare war agajpft the aggrefibr. 

3 VIII. The 



I743-] AUSTRIAN NETHERLANDS, 275 

VIII. The Princes and States upon whom the 
contracting Powers fhall unanimoufly agree, may ac- 
cede to this treaty j and the King of Portugal by name. 

This treaty fhall be approved and ratified by their 
Imperial, Britannic, and moft Chriilian Majefties, and 
by the High and Mighty Lords the States General of 
the United Provinces, and the inftruments of ratifi- 
cation fliall be exchanged at London, and reciprocally 
delivered within the fpace of two months, or fooner, 
if pofiible. 

In witnefs whereof, we the underwritten (being fur- 
nifhed with full powers, which have been mu- 
tually communicated, and the copies whereof 
having been in due form by us collated and exa- 
mined with the originals, are word for word in- 
feited at the end of this inftrument) have fub- 
fcribed this prefent treaty, and thereto put our 

f , -r^ r , , r.vertv-terond of July, O. S. 

feals. Done at London, the icculit;ot J a l t> lN . . 

anno Domini one thoufand feven hundred and 
eighteen* 

(L. S.) Cbrif. Penterridter (L. S.) Du&ois. 

ab Adeljhaufen. (L. S.) W.Cant.. 
(L. S.) Parker, C. 
(L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 

(L.S.) Kmgftan 3 C.P.S* 

(L.S.) Kent. 

(L, S.) Holies Newcafle, 

(L.S.) Bolton. 

(L. S.( Roxburgh. 

(L.S.) Berkeley. 

(L. S.) y Craggs* 

WE having feen and confidered the above -written 
treaty, have approved, ratified, and confirmed, as by 
thefe prefents, we do, for us, our heirs and fucceflbrs, 
approve, ratify, and confirm the fame in all and fin- 
gular its articles and claufes, engaging and promifing, 
upon our Royal word, fmcerely and faithfully to per- 
T 2 form 



476 TREATIES WITH THE [1496 

form all and fingular the contents of the faid treaty, 
and never to fuffer, as far as in us lies, any perfon 
to violate the fame, or in any manner to aft contrary 
thereunto. In witnefs whereof, we have caufed our 
great feal of Great Britain to be affixed to thefe pre- 
fents, figned with our Royal hand. Given at our 
palace at Kenfington, the feventh day of Auguft, in 
the year of our Lord 1718, and of our reign the 
fifth. GEORGE R. 

G E O R G E, by the grace of God, of Great Britain, 
France, and Ireland, King, Defender of the Faith, 
Duke of Brunfwick and Lunenburg, Arch-Treafurei 
of the Holy Roman Empire, and Prince Elector, 
&c. To all and fingular, to whom thefe prelents fhall 
come, greeting. Whereas, befides the treaty of paci- 
fication to be made between the Emperor of the Ro- 
mans and the King of Spain, and between the faid 
Emperor and the King of Sicily, and the treaty made 
between us and our good brother the faid Emperor of 
the Romans, and our good brother die mod Chriftian 
King, and our good friends the High and Mighty 
Lords the States General of the United Netherlands 
concluded by Plenipotentiaries fufficiently furnifhed on 
all fides with orders and authority, in our city of Lon- 
don, the twenty-fecond day of July laft paft, O. S. 
certain feparate and fecret articles, to the faid treaty 
belonging, were alfo concluded and figned by the faid 
Plenipotentiaries, in the fame place, and on the fame 
day, in the form and words following : 

Separate ana 1 Secret Ar tides. 

I. WHEREAS the mod Serene and moft Potent 
King of Great Britain, and the mod Serene and moft 
Potent the moft Chriftian King, as likewile the High 
and Mighty Lords the States General of the Unitec 
Netherlands, by virtue of the treaty between them 
this day concluded and figned, have agreed on cer- 
tain 



I743-] AUSTRIAN NETHERLANDS. 277 

tain conditions, whereby a peace may be made be- 
twixt the moil Serene and moft Potent Emperor of 
the Romans, and the moft Serene and moft Potent 
King of Spain, as alfo between his Sacred Imperial 
Majefty aforefaid, and the King of Sicily (whom 
hereafter it is thought fit to call the King of Sardinia) 
which conditions they have communicated to the three 
Princes aforefaid, as a bafis of the peace to be efta- 
blifhed between them ; his Sacred Imperial Ma- 
jefty, being moved by the moft weighty reafons which 
induced the King of Great Britain, the moft Chriftian 
King, and the States General aforefaid, to take upon 
themfelves fo great and fo wholefome a work, and, 
yielding to their circumfped and urgent counlels and 
perfuafions, declares that he doth accept the laid con- 
ditions or articles, none of them excepted, as fixed and 
immutable conditions, according to which he agrees 
to conclude a perpetual peace with the King of Spain 
and the King of Sardinia. 

II. But becaule the King of Spain and the King of 
Sardinia have not yet confented to the faid conditions, 
his Imperial Majefty, as likewife their Royal Britannic 
and moft .Chriftian Majefties, and the States General 
aforefaid, have agreed to allow them, for confenting 
thereto, the fpace of three months, to be computed 
from the day of figning this prcfent treaty, as judging 
this interval of time iufficient for them duly to weigh 
the faid conditions, and finally determine and declare 
themfelves whether they are willing to accept them as 
fixed and immutable conditions of their pacification 
with his Imperial Majefty, as from their piety and 
prudence it may be hoped they will do, and, following 
the example of his Imperial Majefty, that they will 
be induced to moderate their paffions, and, out of re- 
gard to humanity, that they will prefer the public 
tranquillity to their own private opinions , and at the 
fame time not only fpare the effufion of their own 
people's blood, but avert the calamities of war from 
the other nations of Europe : to which end their Bri- 
T 3 tannic 



27$ TREATIES WITH THE (1496 

tannic and moft Chriftian Majefties, and the States 
General of the United Netherlands, will jointly and 
feparately contribute their moft effectual offices for in- 
clining the faid Princes to fuch an acceptation. 

III. But if, contrary to all expectation of die parties 
above contracting, and the wifhes of all Europe, the 
King of Spain, and the King of Sardinia, after the 
term of three months elapfed, fhould decline to ac- 
cept the faid conditions of pacification propofed be- 
twixt them and his Imperial Majefty, fmce it is not 
reafonable that the tranquillity of Europe fhould de- 
pend upon their refufal, or private defigns, their Bri- 
tannic and moft Chriftian Majefties, and the States 
General, do promife that they will join their forces 
with thofe of his Imperial Majefty, in order to com- 
pel them to the acceptance and execution of die afore - 
faid conditions. To which end they will furnifh his 
Imperial Majefty, jointly and feparately, with the felf- 
fame fuccours with which they have agreed upon their 
reciprocal defence, by the feventh article of the treaty 
figned this day, unanimoufly confcncing that the moft 
Chriftian King fhall, inftead of foldiers, contribute his 
quota in money. And if the fuccours Ibecified in the 
faid feventh article fhall not be iufficient for compafTing 
the end propofed, then the four contracting parties 
fhall without delay agree of more ample fuccours to 
be ftirnifhed to his Imperial Majefty, and fhall con- 
tinue the fame till his Imperial Majefty fhall have re- 
duced the kingdom cf Sicily, and till his kingdoms 
and provinces in Italy fhall enjoy full fecurity. It is 
farther agreed, and that in exprefs words, that if, by 
reafon cf the fuccours which their Britannic and moft 
Chriftian Majefties, and the Lords the States General, 
fhall furnifh to his Imperial Majtlly, by virtue and in 
execution of the prefent treaty, the Kings of Spain 
and Sardinia, cr either cf them, Ihall declare or wage 
war againft any one of the faid contractors, either by 
attacking them in their dominions, or by violently 
detaining their fubjects or fhips, their goods and mer- 
chandizes, 



1 743.] AUSTRIAN NETHERLANDS. 279 

chandizes, by fea or land, in that cafe the two other, 
of the contracting Powers fhall immediately declare 
war againft the faid Kings of Spain and Sardinia, or 
againft him of the two Kings who fhall have de- 
nounced or waged war againft any one of the faid 
contracting Powers; nor lhall they lay down their 
arms before the Emperor fhall be pofTefTcd of Sicily, 
and made fecure with regard to his kingdoms and 
provinces in Italy, and likewife juft fatisfaction fhall 
be given to him of the three contracting Powers who 
lhall have been invaded or fufFered damage by reafon 
of the prefent treaty. 

IV. When only one of the two Kings aforefaid, 
who have not yet confented to the conditions of peace 
to be made with his Imperial Majefty, ihall accept 
them, he likewife fhall join himfelf with the four con- 
tracting Powers, to compel him that fhall refufe the 
faid conditions, and\ fhall furnilh his quota of fuccours 
according to the diflribution to be made thereupon. 

V. If the Catholic King, out of regard to the public 
good, and a perfuafion that an exchange of the king- 
doms of Sicily and Sardinia is necefTary for the main- 
tenance of the general peace, fhall agree thereto, and 
embrace the conditions of peace to be made with the 
Emperor as above ; and on the other hand, if the King 
of Sardinia fhall reject fuch an exchange, and perfift 
in retaining Sicily; in that cafe the King of Spain fhall 
reftore Sardinia to the Emperor, who (faving his fu- 
preme dominion over it) fhall put the fame into the 
cuftody of the moft Serene King of Great Britain, 
and of the Lords the States General, forfo long time, 
till Sicily being reduced, the King of Sardinia fhall 
fign the above-mentioned conditions of a treaty with 
the Emperor, and fhall agree to accept the kingdom 
of Sardinia as an equivalent for the kingdom of 
Sicily ; which being done, he fhall be admitted into 
the pofleflion thereof by the King of Great Britain 
and the States General. But if his Imperial Majefty 

"T 4 fhould 



280 TREATIES WITH THE [1496 

fhould not be able to conquer Sicily, and reduce it 
under his power, in that cafe the King of Great Bri- 
tain, and the States General, fhall reft ore to him the 
kingdom of Sardinia; and in the mean time his Im- 
perial Majefty (hall enjoy the revenues of the faid 
kingdom, which fhall exceed the charge of keeping 
it 

VI. But in cafe the King of Sardinia fhall confent 
to the faid exchange, and the King of Spain fhall re- 
fufe, in this cafe the Emperor, being aided by the fuc- 
cours of the reft of the contractors, fhall attack Sar- 
dinia ; with which fuccours they on their part promifc 
to furnilh him j as the Emperor promifcs on his part, 
that he will not lay down his arms till he fhall have 
pofiefled himfelf of the whole kingdom of Sardinia, 
which immediately after fuch pofTeflion he lhallgive up 
to the King of Sardinia. 

. VII. But if both the Kings of Spain and Sardinia 
fhall oppofc the exchange of Sicily and Sardinia, the 
Emperor, together witli the fuccours cf the allies, 
fhall in the firft place attack Sicily, and having reduced 
it, he fhall turn his arms againft Sardinia, with fuch a 
number of forces, befides the fuccours of the allies, as 
he fhall judge necefiary for both expeditions : and, 
having likewife reduced Sardinia, his Imperial Ma- 
jefty fhall commit the cuftody thereof to the King or 
Great Britain, and to the Lords the States General, 
till the King of Sardinia lhall have figned the condi- 
tions of peace to be made with the Emperor, and 
lhall confent to accept the kingdom of Sardinia as an 
equivalent for the kingdom otS icily, which then is to 
be delivered up to him by his Britannic Majefty and 
the States General; and in the mean time his Impe- 
rial Majefty fhall enjoy the revenues of that kingdom, 
which fhall exceed the charge of keeping it, 

YIII. In cafe the Catholic King and the Kin^ of 
Sardinia, or either of them, lhall refufe to accept and 
execute the abovefajci conditions of peace to them 

propofec\, 



1743-3 AUSTRIAN NETHERLANDS. 281 

propofed, and for that reafon the four contracting 
Powers ihould be compelled to proceed againft them, 
or either of them, by open force ; it is exprefsly co- 
venanted, that the Emperor (what progrefs foever his 
arms may make againft the faid two Kings, or either 
of them) (hall be content, and ought to acquiefce in 
the advantages by mutual confent allotted to him in 
the faid conditions, power neverthelefs being referved 
to his Imperial Majefty of recovering the rights which 
he pretends to have over that part of the dutchy of 
Milan, which the King of Sardinia now poiTerTes, 
either by war, or by a treaty of peace fubfequent upon 
fuch war ; power being likewife referved to the other 
three allies, in cafe fuch a war (hould be undertaken 
againft the Kings of Spain and Sardinia, to agree with 
his Imperial Majefty in appointing fome other Prince, 
in whofe favour his Imperial Majefty may difpofe of 
that part of the dutchy of Montferrat, now pofTefTed 
by the King of Sardinia, in exclufion of the faid King; 
and to what other Prince or Princes he may, with the 
confent of the empire, grant the letters of expeftative, 
containing the eventual inveftiture of the ftates now 
poffeffed by the Grand Duke of Tufcany, and by the 
Duke of Parma and Placentia, in exclufion of the 
fons of the prefent Queen of Spain. This declara- 
tion being added, that in no time or cafe whatfoever, 
either his Imperial Majefty, or any Prince of the 
Houfe of Auftria, who lhall poflels the kingdoms, 
dominions, and provinces of Italy, may aflert or gain 
to himfelf the faid dutchies of Tufcany and Parma. 

IX. But if his Imperial Majefty, after his efforts 
by a fufficient number of forces, and the fuccours and 
other means of the allies, and by ufmg all convenient 
diligence, ftiould not be able by arms to fubdue, or to 
eftablifli himfelf in the pofleflion of Sicily, the con- 
trading Powers do agree and declare, that his Imperial 
Majefty is, and fhall be in that cafe, altogether free 
and discharged from every obligation entered into by 
this treaty, of agreeing to make a peace with the 

King s 



TREATIES WITH THE [1496 

Kings of Spain and Sardinia, on the conditions above- 
mentioned. All other the articles of this treaty never- 
thelefs to remain good, which mutually regard his 
Imperial Majefty, their Britannic and moft Chriftian 
Majefties, and the Lords the States General of the 
United Netherlands. 

X. However, as the fecurity and tranquillity of 
Europe is the end and fcope of the renunciations to 
be made by his Imperial Majefty, and by his Catholic 
Majefty, for themlelves, their defendants, and fuc- 
cefTors, of all pretenfions to the kingdom of Spain^ 
and the Indies, on the one part ; and on the kingdoms, 
dominions, and provinces of Italy, and the Auftrian 
Netherlands, on the other part ; the faid renunciations 
lhall be made, on the one and the other part, in man- 
ner and form as in the fecond and fourth articles of 
the conditions of a peace to be made between his 
Imperial Majefty, and his Royal Catholic Majefty, has 
been agreed. And though the Catholic King fhoulcj 
refuic to accept the aforefaid c'.ulitions, the Emperor 
neverthelefs fhall caufe the inftruments of his renun- 
ciation to be difpatched, the publication whereof fhall 
however be deferred till die day of figning the peace 
with the Catholic King.. And if the Catholic King 
Jhould conftantly perfift in rejecting the faid peace, his 
Imperial Majefty neverthelefs, at the time when the 
ratifications of this treaty fliall be exchanged, fhall de- 
liver to the King of Great Britain a folemn act of the 
faid renunciations, which his Britannic Majefty, pur- 
fuanc to the common agreement of the contracting 
Powers, doth promife fhall not be exhibited to the 
moft Chriftian King before his Imperial Majcfty fhall 
come into the pofTeflion of Sicily. But that be ir.^ 
obtained, then the exhibition, as well as publication of 
the faid act of his Imperial Majefty's renunciations, 
fhall be performed upon the firlt demand of the moft 
Chriftian King. And thole renunciations fhall take 
place, whether the Catholic King fhall lign the peace 
with the Emperor or no ; by reafon that, in this laft 

cafe, 



I743-] AUSTRIAN NETHERLANDS. 2*3 

cafe, the guaranty cf the contra&ing parties fhall be 
to the Emperor in lieu of that fecurity which otherwife 
the renunciations of the Catholic King would have 
given to his Imperial Majefty for Sicily, the other 
States of Italy, and the provinces of the Netherlands. 

XI. His Imperial Majefty dothpromife that he will 
not attempt or enterprife any thing againft the Catholic 
King, or the King of Sardinia, or in general, againft the 
neutrality of Italy, in that fpace of three months allowed 
them for accepting the conditions of their peace with the 
Emperor. But if, within the faid fpace of three months, 
the Catholic King, inftead of accepting the faid con- 
ditions, lhall rather perfift in the proiecuting of his 
hoftilities againft his Imperial Majefty; or if the King 
of Sardinia Ihould with arms attack the provinces 
which the Emperor porTeffes in Italy; in that cafe their 
Britannic and moft Chriftian Majefties, and the Lords 
the States General, oblige thernfelves inftantly to 
furnifh his Imperial Majefty, for his defence, with the 
fuccours which, in virtue of the treaty this day figned, 
they have mutually agreed to lend one another for their 
reciprocal defence ; and that jointly or feparately, and 
without waiting the expiration of the two months 
otherwife prefixed in the faid treaty for the employ- 
ing of friendly offices. And if the fuccours Ipecified 
by the faid treaty fhouid not be fufHcient for the end 
propofed, the four contracting parties fhall immediate- 
ly agree amongft themfelves to fend more powerful 
afiiftance to his Imperial Majefty. 

XI.I. The eleven foregoing articles are to be kept 
fecret by his Imperial Majefty, their Britannic and 
moft Chriftian Majefties, and the States General, for 
the fpace of three months, from the day of the iigning, 
unltfs it fhall be unanimoufly agreed by them to ftior- 
ten or prolong the faid term : and though the faid 
eleven articles be feparate from the treaty of alliance 
this day figned by the four contracting parties afore- 
faid, they fhall neverthelefs have the fame power and 

force 



2&4 TREATIES WITH THE [1496 

force as if they had been word for word inferteci 
therein, fince they are deemed to be an eflential part 
thereof. 

The ratifications thereof {hall moreover be ex- 
changed at die fame time as die other articles of the 
faid treaty. 

In witnefs whereofj we the under-written, by virtue 
of the full powers this day mutually exhibited, 
have fubfcribed thefe feparate articles, ind thereto 
have affixed our feals. Done at London, the 

*ittj$$:i anno Domini 1718. 
(L.S.) Cbrif. Penterridter (L. S.) Dubois. 

ab Adeljbaufm. (L. S.) IV. Cant. 

(L. S.) Parker, C. 
(L. S.) Jo. Pbil. Hoffman. (L. S.) Sunderland, P. 

(L.S.) KingJlon,C.P.S< 

(L. S.) Kent. 

(L. S.) Holies Newcafllt. 

(L. S.) Bolton. 

(L. S.) Roxburgbf. 

(L. S.) Berkeley. 

(L. S.) J. Craggs. 

WE having feen and confidered the feparate and fe- 
cret articles above-written, have approved, ratified, 
and confirmed, as by thefe prefents we do, for us, our 
heirs and fucceflbrs, approve, ratify, and confirm the 
lame, in all and fingular their claufes, engaging and 
promifing, upon our Royal word, fmcerely and faith- 
fully to perform and obferve all and fingular the con- 
tents of the faid feparate and fecret articles, and never 
to fuffer, as far as in us lies, any perfon to violate 
them, or in any manner to ac*t contrary thereunto, 
Jn witnefs and confirmation whereof we have caufed our 
great feal of Great Britain to be affixed to thefe prefents, 
figned with our Royal hand. Given at our palace at 
Kenfington, the feventh day of Auguft, in the year of 
our Lord feventeen hundred and eighteen, and of our 
reign the fifth. GEORGE/?. 

GEORGE> 



1743-] AUSTRIAN NETHERLANDS. 28$ 

GEORGE, by the grace of God, of Great Bri- 
tain, France, and Ireland, King, Defender of the Faith, 
Duke of Brunfwick and Lunenburg, Arch-Treailirer 
of the Holy Roman Empire, and Prince Elector, &c. 
To all and fmgular, to whom thefe prefents (hall come, 
greeting. Whereas, befides the treaty of pacification 
to be made between the Emperor of the Romans and 
the King of Spain, and between the faid Emperor and 
the King of Sicily, and the treaty made between us 
and our good brother the faid Emperor of the Romans, 
and our good brother the moil Chriftian King, and 
our good frknds the High and Mighty Lords the 
States General of die United Netherlands, concluded 
by Plenipotentiaries fufficiently furnifhed on all fides 
with orders and authority, in our city of London, the 
twenty-fecond day of July laft pail, O. S. certain 
feparate articles, being four in number, to the faid 
treaty belonging, were alfo concluded and figned ie- 
verally by the faid Plenipotentiaries, in the fame place, 
and on the fame day, in the form and words fol- 
lowing. 

Separate Article. 

WHEREAS the treaty, this day made and figned 
between his Imperial Majefry, his Britannic Majefty, 
and his moil Chriftian Majefty (containing as well iuch 
conditions as have been thought moil equitable and 
proper for cilablifhing a peace betwixt the Emperor 
and the Catholic King, and betwixt the faid Emperor 
and the King of Sicily, as the conditions of an alliance 
made for preferving the public peace between the 
faid contracting Powers) hath been communicated to 
the High and Mighty Lords the States General of the 
United Netherlands: and whereas the feparate and 
fecret articles likewife figned this day, and containing 
the meafures which it has been thought fit to take 
for putting the abovefaid treaty in execution, are like- 
wife fhortly to be propofed to the States General 
aforefaid : the inclination which that Republic has 
fliewa for restoring and efcabiilhing the public tran- 
quillity, 



286 TREATIES WITH THE [1496 

quillity, leaves no room of doubt but they will moft 
readily accede thereto. The States General aforefaid 
are therefore by name inferted as contracting parties in 
the faid treaty, in moil certain hope that they will 
enter therein, as- foon as the ufual forms of their go- 
vernment will allow. 

But if, contrary to the hopes and wiihes of the con- 
tracting parties (which neverthelefs is not in the leaft 
to be fufpcfted) the faid Lords the States General 
.fhall not take their refolution to accede to the faid 
treaty, it is exprefsly agreed and covenanted between 
the faid contracting parties, that the treaty above-men- 
tioned, and this day figned, lhall neverthelefs have its 
efFecl: among them, and (hall in all its claufes and ar- 
ticles be put in execution in the fame manner as there- 
in is fet forth, and the ratifications thereof fhall be ex- 
hibited at the times above fpecified. 

This feparate article lhall have tjie fame force as 
if it had been word for word inferted in the treaty this 
day concluded and figned, and fhall be ratified in 
the fame manner, and the inftruments of ratification 
(hall be delivered within the fame time, with the treaty 
itfelf. 

In witnefs whereof we the under- written, by virtue 
of the full powers this day mutually exhibited, 
have figned this feparate article, and thereto 
have affixed our feals. Done at London, the 

Domini .718- 



(L.S.) Cbrif. Penterridter (L. S.) Dubois. 

ab Adeljhaufen. (L.S.) W. Cant. 

(L. S.) Parker, C. 
(L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 

(L. S.) KinvJlon>C.P.S. 

(L.S.) Kent. 

(L.S.) Holies Ncvcaflt. 

(L.S.) Bolton. 

(L. S.) Roxburgh^ 

(L.S.) Barkeley. 



Separate 



1743-3 AUSTRIAN NETHERLANDS. 2*7 

Separate Artide. 

BUT if the Lords the States General of the 
United Netherlands ihould happen to think it too 
hard for them to contribute their lhare of pay to the 
Swjfs Cantons, for maintaining the garrifons of Leg- 
horn, Porto-Ferraio, Parma, and PJacentia, accord- 
ing to the tenor of the treaty of alliance this day con- 
cluded, it is exprefsly -provided by this feparate article, 
and agreed between the four contracting Powers, that 
in fuch cafe the Catholic King may take upon him the 
faid.fliare of the Lords the States General. 

This feparate article fhall have the fame force as if 
it had been word for word inferted in the treaty this 
day concluded and figned, and fliall be ratified in the 
fame manner, and the inftruments of ratification fhall 
be delivered within the fame time, with the treaty it- 
felf. 

In witnefs whereof we the under-written, by virtue 
of the full powers this day mutually exhibited, 
have figned this feparate article, and thereto 
have affixed our feals. Done at London, the 
"/ - f / uly K '- S ' ann Domini one thoufand feven 

ad or. Aug. N. S. 

hundred and eighteen. 

(L. S.) Chrif. Penterridter (L.S.) Dulois. 

ab Addjhaiifen. (L.S.) W.Cant. 
< (L. S.) Parker, C. 

(L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 

(L.S.) KingJton,C.P.S~ 
-(L.S.) Kent. 
(L.S.) Holies Newcajlle. 
(L. S.) Bolton. 
(L.S.) Roxburghe. 
(L.S.) Barkdey. 
(L.S.) J.Craggs. 

Separate Artide. 

WHEREAS in the treaty of alliance this day to 
be figned with his Imperial and Catholic Majefty, as 

likewile 



*8S TREATIES WITH THE [i 49 

likewife in the conditions of peace inferted therein, 
their Sacred Royal Britannic and mod Chriftian Ma- 
jefties, and the Lords the States General of the United 
Netherlands, do ftyle the prefent pofleflbr of Spain 
and the Indies Catholic King, and the Duke of Savoy 
King of Sicily, or alfo King of Sardinia : and whereas 
his Sacred Imperial and Catholic Majefly cannot ac- 
knowledge thefe two Princes as Kings, before they 
fhall have acceded to this treaty: his Sacred Imperial 
and Catholic Majefty, by this feparate article, which 
was figned before the treaty of alliance, doth therefore 
declare and proteft, that, by the titles there either 
given or omitted, he doth not mean in the leaft to pre- 
judice himfelf, or to grant or allow the titles of King 
to the faid two Princes, only in that cafe when they 
Ihall have acceded to the treaty this day to be figned, 
and (hall have agreed to the conditions of peace fpe- 
cified therein. 

This feparate article fhall have the fame force as if 

it had been word for word inferted in the treaty this 

day concluded and figned, and fhall be ratified in the 

fame manner, and the inftruments of ratification fhall 

be delivered within the fame time, with the treaty itfelf. 

In witnefs whereof, we the under-written, by virtue 

of the full powers this day mutually exhibited, 

have figned this feparate article, and thereto 

have affixed our feals. Done at London, the 

d of July, O.S. ,^ . . 

SSWS&TS. a 10 Domini 1718. 

(L.S.) Cbrif. Penterrldter (L. S.) Dubois. 

ab Adeljhaujen. (L. S.) IV. Cant. 

(L.S.) Parker, C. 

(L. S.) Jo. Phil. Hoffinan. (L. S.) Sunderland, P. 

(L.S.) Kingfton,C.P.S. 

(L.S.) Kent. 

(L.S.) Holies Newcaflk. 

(L.S.) Bolton. 

(L.S.) Roxbitrgbe. 

(L.S.) Barke/ty. 

(L. S.) J. Craggs. 

Separate 



1743-1 AUSTRIAN NETHERLANDS. 289 

Separate Article. 

WHEREAS fome of the titles which his Sacred 
Imperial Majelty makes ufe of, either in his full powers, 
or in the treaty of alliance this day. to be figned with 
him, cannot be acknowledged by his Sacred Royal 
moft Chriftian Majefty ; he doth declare and proteft 
by this feparate article, which was figned before the 
treaty of alliance, that by the faid titles given in this 
treaty, he doth not mean to prejudice either himfelf or 
any other, or that he in the leaft gives any right there- 
by to his Imperial Majefty. 

This feparate article fhall have the fame force as if 
it had been word for word inferted in the treaty this 
day cancludeci and figned, and fhall be ratified in the 
fame manner, and the inftruments of ratification fhall 
be delivered within the fame time, with the treaty it- 
felf. 

In witriefs whereof we the under-written, by virtue 
of the full powers this day mutually exhibited, 
have figned this fep'arate article, and thereto 
have affixed our feals. Done at London, the 

aid of Tulv, O. S. -r^ i r , j r 

2 d of AH* N. b > anno Domini one thcuiand feven 
hundred and eighteen. 

(L. S.) Chrif. Penterridter (L. S.j Dubois. 

ab Adelfiaxfen. (L. S.J W. Cant. 

(L. S.) Parker i C. 

(L. S.) Jo. Phil. Hoffman. (L. S.) Sunderland, P. 
:.-..: (L.S.) Kingfton,C.P.S. 

(L.S.) Kent. 

(L.S.) Holies Newteftle. 

(L.S.) Be/ten. 

(L.S.) Rcxturgbet 

(L.S.) Berkeley * 

(L.S.) J.Creggs. 

WE having feen and confidered the foiir feparate 
articles above-written, have approved, ratified, and 
Confirmed, as by thefe prefencs we do, f6r us, our heirs 

Vat. I. ^ and 



90 TREATIES WITH THE [1496 

and fucceflbrs, approve,. ratify, and confirm the fame, 
in all and fingular dieir claufes, engaging and promifing,, 
upon our Royal word, fincerely and faithfully to per- 
form and obferve all and fingular the contents of the 
fbur feparate articles aforefaid, and never to fuffer, as 
far as in us lies, any perfon to violate them, or in 
any manner to act contrary thereunto. In witnefs and 
confirmation whereof, we have caufed our great feal of 
Great Britain to be affixed to thefe prefents, figned 
with our Royal hand. Given at our palace at Ken- 
fington, the feventh day of Auguft, in the year of our 
Lord Seventeen hundred and eighteen, and of our 
reign the fifth. GEORGES. 

the A3 of Admifficn and AcceJ/ion of tie King of 
Sardinia, fcfr. 

WHEREAS a certain treaty, and feparate and 1 
fecret articles, as likewife four other feparate articles 
relating thereto, and all of them of the fame force with 
the principal treaty, have been in due form concluded 
and figned by the minifters plenipotentiaries of his Im- 
perial and Catholic Mnjefty, of his Britannic Majefty, 
and of his moft Chriftian Majefty, at London, the 
*d^7o/A~o!> k^ P 4 ^* between the contracting parties 
above-mentioned, the tenor of all which, word fbr 
word; here followeth. 

Here were infer ted } . 
The treaty. 

Separate and fecret articles. 
The four feparate articles. 

And whereas farther the then King of Sicily, whom 
it is now agreed to call by the name of King of Sar- 
dinia, according to the intention of the treaty and ar- 
ticles above inierted, has been invited to accede fully 
and amply to all and fingular of them, and to join 
himfelf in due form to the contracting parties,, as if he. 
himfelf from the beginning had been one of the con- 
tractors: and whereas the faid King of Sardinia, hav- 
ing maturely weighed the conditions particularly nc- 

preilcd 



I743-] AUSTRIAN NETHERLANDS. i 9 i 

preffed in the treaty and articles above inferted, has 
not only declared himfelf willing to accept the fame, 
and to approve them by his acceffion, but has likewife 
granted fufficient full powers to his miniilers appoint- 
ed to perfect the faid work. That therefore an affair 
fo beneficial may have the defired fuccefs, we the 
under-written minifters plenipotentiaries of his Impe- 
rial and Catholic Majefty, of his Britannic Majefty, 
and of his moft Chriftian Majefty, in the name and 
by the authority of their faid Majefties, have admit- 
ted, joined, and affociated, and by thefe prefents do 
admit, join, and aflbciate, the aforefaid King of Sardi- 
nia into a full and total partnerfhip of the treaty above 
inferted, and of all and fmgular the artkles thereunto 
belonging ; promifmg by the fame authority, that their 
aforefaid Majefties, jointly and feparately, will entirely 
and exactly perform and fulfil to the faid King of Sar- 
dinia, all and fmgular the conditions, ceffions, contracts, 
guaranties, and lecurities, contained and fet forth in 
the treaty and articles above-mentioned ; it being far- 
ther provided, that all and fmgular the things agreed 
upon by the fecret articles againft the faid King of 
Sardinia, fhall by this his prefent acceffion wholly ceafe, 
and be aboliilied. On the other hand alfo, we the 
under-written minifters plenipotentiaries of the King 
of Sardinia, by virtue of the full power in due form 
exhibited and allowed, a copy whereof is added at the 
end of this inftrument, do hereby tcftify and promife 
ip the name of the faid King, that our King and 
mailer aforefaid doth accede fully and amply to the 
treaty, and to all and fmgular the articles therein above 
inferted: that. by this folemn acceffton he doth join 
himfelf to the contracting parties abovefaid, as if he 
himfelf from the beginning had been a party con- 
tracting : and that, by virtue of this act, his faid Ma- 
jefty the King of Sardinia doth mutually oblige and 
bind himfelf, both for himfelf, his heirs and fuccefibrs, 
to his Imperial and Catholic Majefty, to his Britannic 
Majefty, and to his moft Chriftian Majefty, and, to 
U 2 their 



292 TREATIES WITH THE 

their heirs and fuccefibrs, jointly and feparately, that 
he will obferve, perform, and fulfil all and fmgular the 
conditions, ceflions, contracts, guaranties, and fecuri- 
tiesjin the above-written treaties and articles exprcfled 
and let forth, towards all of them jointly, and each of 
them feparately, with the fame faith and confcience 
as if he had been a contracting party from the begin- 
ning, and had made,, concluded, and figned, jointly or 
feparately, the fame conditions, ceflions, contracts, gua- 
ranties, and fecurities, with his Imperial and Catholic 
Majefty, his Britannic Majefty, and his mod Chriftian 
Majefty. 

This inftrument of the admiflioft and acceffion >f 
the faid King of Sardinia fhall be ratified by all the 
contracting parties, and the ratifications, made out in 
due form, fhall be exchanged and mutually deliver- 
ed at London, within the fpace of two months, or 
fooner, if poflible, to be reckoned from the day of 
the figning. 

In witnefs whereof we the plenipotentiaries of the 
parties contracting, being on every part furnifhed 
with fufficient powers, have figned thefe prefents 
with our hands, and thereto have put our feals ; 
namely, the plenipotentiaries of his Imperial and 
Catholic Majefty, of his Britannic Majefty, of 
his Majefty the King of Sardinia, at London, the 
^4 day of MwCTter, anc * tne plenipotentiary of his 
moft Chriftian Majefty at Paris, the 
day of November, in the year of our Lord 1718, 

(L. S.) C. Provvta. 
(L.S.) C. de la Perrottff. 
(L. S.) Cbrtf. Penterridtcr (L. S.) Parker, C. 

ab ddeljhaujen. (L. S.) Sundtrland, P. 

(L. S.) Kent. 

(L. S.) Jo. Phil. He/man. (L. S.) Holies Ncwcajlle. 
(L. S.) Bolton. 
(L. S.) Roxburgbe. 
(L. S.) Stanhope. 
. (L. S.) 7. Cre K s. 



1743-3 AUSTRIAN NETHERLANDS. 293 

His Imperial Majejlys Full Powers. 
WE Charles the Sixth, by the Divine clemency 
Delected Emperor of the Romans, always Auguft, King 
of Germany, Spain, both Sicilies, Jerufalem, the In- 
dies, Hungary, Bohemia, Dalmatia, Croatia, and Scla- 
vonia, Archduke of Auftria, Duke of Burgundy, 
Brabant, Styria, Carinthia, Carniola, and Wirtemberg, 
Count of Hapfburgh, Flanders, Tyrol, and Goritia, 
&c. &c. do make known and fignify by thefe prefents 
' to whom it concerns. Whereas we have often been 
invited by the moft friendly exhortations of the moft 
Serene and moft Potent Prince George, King of Great 
Britain, France, and Ireland, Elector of the holy Ro- 
man Empire, Duke of Brunfwic, to enter with him 
into thofe meafures whereby peace and quiet among 
all the Chriftian Princes throughout Europe might fub- 
tift, or be <yet more certainly eftabliihed againft fuch 
/accidents as feem to afford new occafions for wars 
hereafter, and even now to give them : into which 
meafures we have been informed that the moft Serene 
and moft Potent Prince Lewis XV. the King of 
France, together with the States General of the United 
Netherlands, are likewife inclined to enter. Hence it 
is, that from our fincere difpofition to the counfels of 
peace and quiet, we have thought fit to fend the Ho- 
nourable our Imperial and Aulic Counfellor, AfTefTor 
of the Belgic Auftrian Council, Chriftopher Penter- 
ridter, of Adelfhaufen, ours and the holy Roman Em- 
pire's trufty and beloved, with full power to treat 
with the Minifters -of the aforefaid Princes and with 
their confederates, of all things which may tend to 
bring about fo beneficial a defign, giving him full and 
entire power, together with our trufty and beloved the 
Honourable Philip Hoffman, our Refident at London, 
to whom for this purpofe we give equal power, either 
together, or one of them being hindered, to treat and 
fully to conclude that affair with the faid Minifters : 
promifing, on our Imperial and Royal word, not only 
to ratify ail and Singular the things which .they or -etf her 
U 3 of 



194 TREATIES WITH THE [1496 

of them fhall fo tranfaft, treat, and conclude in our 
name, as if they had been done by ourfelves, but that 
we will alfo deliver our inftrument of ratification within 
the time agreed. In witnefs whereof, we have figned 
thefe prefents with our own hand, and have caufed 
them to be fealed with our Imperial Royal feal. Given 
in our ciry of Vienna, the d7th of September, in the 
year 1717, the fixth of our Roman, the fifteenth of 
our Spanifh, and the feventh of our Hungarian and 
Bohemian reign. CHARLES. 

(L. S.) Philip Lu<t, C. of Sin-tender/. 

By the exprefs command of his Sacred Imperial 
Catholic Royal Majefly. 

'joJjn George Bud, 

His Britannic Majefy's Full Powers. 
GEORGE R. 

GEORGE, by the grace of God, of Great BrU 
tain, France, and Ireland, King, Defender of the Faith, 
Duke of Brunfwic and Lunenburg, Arch-Treafurer 
of the Holy Roman Empire, and Prince Elector, Sec. 
to all and fmgular to whom thefe prefcnt letters fhall 
come, greeting. Whereas, after the conclufion of the 
treaties of Utrecht and Baden, we perceived fo many 
feeds of war to remain, that the calamities of Europe 
feemcd rather a little quieted and delayed, than wholly 
rxtinguifhed ; we inilantly applied all our care anti 
thoughts entirely to root out and cut off all occafions 
of having recourfe to arms, by fettling on all fides 
folid and durable conditions of peace. And whereas 
the war which has arifen between the Emperor of the 
Romans and the King of Spain rages more and more, 
and begins to fpread more far and wide, we have there- 
upon redoubled our endeavours, without delay to re* 
ftore the public tranquillity, difturbed by thefe commo* 
tions. And whereas we underftand that the heads of 
a pacification, which we, together with the mod Chrif- 



1 743-1 AUSTRIAN NETHERLANDS. 295 

:tian King, and the Lords the States General of the 
:United Provinces, . have thought may be juftly and 
equitably propofed to the parties, either now actually, 
or liable Ihortly to be engaged in the war, have been 
agreeably received by the faid Emperor of the Ro- 
mans, out of his zeal for the public good. And 
svhereas we hope farther, that the reft of the Princes 
.concerned, having duly weighed thefe conditions, will' 
chearfully embrace the fame; we have thought fit to 
nominate perfons altogether qualified for that charge? 
to bring fo great and beneficial a work to its conclu- 
ifioru Know ye, therefore, that we repofmg great 
truft in the fidelity, prudence, integrity, and diligence 
of the rnoft Reverend Father -in Chrift, our right 
trufty and right entirely beloved counfellor William 
Archbifhop of Canterbury, Primate and Metropolitan 
of all England; our right trufty and well-beloved 
counfellor Thomas Lord Parker, Baron of Macclef- 
field, our High Chancellor of Great Britain; our right 
.trufty and right well-beloved coufm and counfellor 
Charles Earl of Sunderland, Prefident of our council; 
our right trufty and right entirely beloved coufins and 
counfellors, Evelyn Duke of Kingfton, Keeper of our 
Privy Seal; Henry Duke of Kent, Steward of our 
houfhold; Thomas Duke of Newcaftle, Chamberlain 
of our.faid Houfhold ; Charles Duke of Bolton, Lieu- 
renant and Governor General of our : kingdom of Ire- 
land j John Duke of Marlborough, Captain General 
-of our forces; and John Duke of Roxburghe, one of 
our principal Secretaries of State; our right trufty and 
right well-beloved coufins and counfellors James Earl 
of Berkeley, firft Commifiioner of our Admiralty 5 
William Earl.Cowper., Baron of Wingham; and James 
Earl Stanhope, one of our principal Secretaries ot 
State; and our right trufty and well-beloved counfel- 
lor-James Craggs, Efq; another of our principal Se~ 
-cretaridk of State; have nominated, made, and con- 
as by thefe .prefents we do nominate, make, 
U 4 



296 TREATIES WITH THZ [1495 

and coriftitute them our true, certain, and undoubted 
Commifiioners, Procurators, and Plenipotentiaries, 
giving and granting to them all, or any three or more 
of them, ajl and all manner of leave, power, and 
authority, and our general as well as fpecial command 
(provided our general command do not derogate from 
the fpecial, nor the contrary) to meet, treat, confer, 
and conclude for us, and in our name, with the mi- 
nifter or minifters, as well on the part of our good 
Brother the Emperor of the Romans, as on the part 
of our good brother the moft Chriftian King, and alfo 
on the part of the Lords the States General of the 
United Provinces of the Netherlands, having lufBcienc 
power thereto on each part, of and upon fuch condi- 
tions of peace, as may be moil conducive to quell the 
commotions of .war, and to reflore and fettle the com- 
mon tranquillity of Europe, as al&> upgn articles \yhe- 
ther fecret or feparate, and lailly, upon all things 
which lhall feem moft proper for promoting and per- 
fecting thes faid work : and in our name to fign and 
mutually to deliver and receive what fhall be fa con- 
cluded and agreed, and to do and perform all other 
things necefiary to be done, in as ample manner and 
form as we ourfelyes, were we prefent, would do and 
perform j engaging and promifing, on our Royal word, 
xhat whatever Shall be concluded by our faid Commif- 
iioners, Procurators, and Plenipotentiaries, or any 
three or more of them, we will ratify, approve, and 
accept it all in the beft manner ; and that we will never 
fuffer any perfon to violate the fame in whole or in 
part, or to act Contrary thereto. In witnefs and con- 
firmation of all which, we have caufed our great feal 
of Great Britain to be affixed to thefe prefents, figncd 
with our Royal hand. Given at our palace at Ken-, 
/ington, the ith day of the month of July, in the year 
pf our Lord one thoufand fcven hundred and eighteepj 
and of our reign the fourth. 

ttf 



j 743-1 AUSTRIAN NETHERLANDS. 497 
'The moft Cbriftian King's Full Powers. 

LEWIS, by the grace of God, King of France 
and Navarre, to all who fhall fee thefe prefent letters, 
greeting. Being willing to contribute, as much as in 
Xis lies, to maintain the public tranquillity reftored by 
the treaties of Utrecht and Baden, and the eftablifh- 
ment of the peace fo neceflary to all Europe : being 
=befides defirous to anfwer the overtures which have 
been made to us on the part of our moft dear and 
moft beloved brother the King of Great Britain, with 
a defign to prevent the confluences of the difturb- 
ance lately raifed on occafion of the differences which 
fubfift between our moft dear and moft beloved bro- 
ther the Emperor of the Romans, and our moft dear 
and moft beloved brother and uncle the King of Spain : 
we having entire confidence in the capacity, experi- 
ence, zeal, and fidelity for our fervice, of our beloved 
and faithful Abbot Dubois, councilor in ordinary of 
pur council of ftate, and in the council for foreign af- 
fairs, fecretary of our cabinet. For thefe caufes, and 
other good confiderations us thereunto moving, by the 
advice of our moft de^r and moft beloved uncle the 
Duke of Orleans, Regent, we have commifiioned, or- 
dered, and deputed, and by thefe prefents, figned witfy 
our hand, do commiflion, order, and depute the faid 
Abbot Dubois, and have given, and do give him full 
power, commiffion, and fpecial order, in the quality of 
our Plenipotentiary, in our name, to agree with one 
or more minifters on the part of our faid brother the 
Emperor of the Romans, on that of our faid brother 
and uncle the King of Spain, on that of our faid bro- 
ther the King of Great Britain, and on that of their 
High Mightiness our moft dear and great friends the 
States General of the United Provinces of the Nether- 
lands, alike authorized, by powers in due form, to fettle, 
conclude, and fign, with the faid minifters, together 
or feparately, fuch treaties, articles, and conventions, as 
.the faid Abbot Dubois fhall think good; ordering that 
jie may aft on this occaiio'n with the fame authority as 

we 



>9 TREATIES WITH THE [1496 

\ve IhouH and might do if we were prefent thereat in 
perfon, even though there Ihould (bmething arife re- 
quiring a more fpecial order than is contained in thefe 
Jaid prefents. Promifing, on the faith and word of a 
King, to approve, confirm, and keep for ever, to per- 
ibrm and execute punctually, all that the faid Abbot 
Dubois lhall ftipulate, promife, and fign by virtue of 
this prefect power, without ever infringing or fuffering 
the fame to be infringed, for any caufe, or under any 
pretext whatfoever: as alib to difpatch our letters of 
ratification thereof in due form, to be exchanged within 
the time that fhall be agreed For fuch is our pleafure. 
In witnefs whereof, we have caufed our feal to be put 
to thefe prefents. Given at Paris, May the zfth, in 
the year of grace one thoufand feven hundred and eigh- 
teen, and of our reign the third, 

LEWIS, 
By the King, 
The Duke of Qrlear.s, Regent, prefent. 

Pbelypeaux* 

*fbe Full Power of bis Majefty the King of S ardinia, 

VICTOR Amedeo, by the grace of God, King 
of Sicily, Jer\ifalem, and Cyprus, &c. Duke of 
Savoy, Montferrat, &c. Prince of Piemont, &c. to all 
thofe who fhall fee thefe prefents, greeting. The fincere 
intention which we have always had to concur, as 
much as in us lies, to the maintenance of the public 
tranquillity, and to the fettlement of peace in Europe, 
and to anfwer the defire of the three Powers on that 
fubject, who have concluded the treaty of the quadru- 
ple alliance at London the fecond of Auguft lafl pafl^ 
N. S. and who have invited us to accede thereto, and 
to accept the conditions of treaty therein contained 
between his Imperial Majefty and us, determined us 
thereto as foon as we were in a condition to do it. For 
this purpofe, we trufting entirely in the capacity, experi- 
ence, zeal, and fidelity for our fervice, of our dear, well- 
beloved, and trufty the Count Provana, Knight, Great 



1743-1 AUSTRIAN NETHERLANDS. 

Crofs, and Grand Conferyator of the Military Order of 
St. Maurice and Lazarus, our Gentleman of the Cham- 
ber, and firft Secretary at War; and of the Count de la 
Pero'ufe, Counfellor of State, Knight of Honour to the 
Senate of Savoy, and our Envoy extraordinary to his 
Britannic Majefty; have chofen, nominated, and de- 
puted, and by thefe prefents do chufe, nominate, and 
depute them to be our Plenipotentiaries; and have given, 
and do give them full power, commiflion, and fpecial or- 
der, in our name, and in the faid quality of our Plenipo- 
tentiaries, both of them jointly, or one of them alone, 
in cafe of ficknefs or other hinderance of the other, 
to accede to the abovefaid treaty of quadruple alliance 
of the faid fecond day of Auguft, to which we do ac- 
cede from this prefent timej and to promife, as we do" 
promife, to obferve the fame, and the conventions of* 
treaty therein contained between his Imperial Majefty 
and us ; and to that end to fign the act which fhall be 
made thereupon with the minifters, or the miniflef, of 
the faid three Powers, jointly or feparately, as it fhall 
be agreed: as alfo to make, conclude, and fign the" 
Articles, treaties, and conventions, which they fhall 
think good. Ordering that they may aft, on the oc- 
paiions aforefaid, with the fame authority with which 
we Ihould and might act if we were prefent in perfori, 
even though there fhould fomething arife requiring a 
more fpecial order than is contained in thefe prefents ; 
promifmg, on the faith and word of a King, to obferve, 
and caufe inviolably to be obferved, all which fhall be 
done, agreed, regulated, and figned, by the faid Counts 
Provana and de la Peroufe, our Plenipotentiaries, or 
by one of them, in cafe of ficknefs or hinderance of 
the other, without infringing, or furTering the fame to 
be infringed,- directly or indirectly, for any caufe, or 
under any pretext whatfoever: as alfo to caufe our let- 
ters of ratification to be difpatched in due form, to be 
exchanged within the time that ihall be agreed. In 
witnefs whereof* we have figned thefe prefents,- caufed 
them to be counterfigneci by th* Marquis del Borgo, 

Secretary 



3oo* TREATIES WITH THE [1496 

Secretary of our order, our Minifter and principal 
Secretary of State for foreign affairs, and have caufetf " 
our privy feal to be put thereunto. Given at our 
cattle of Rivoles, the lyth of October, in the year 
pf grace 1718, and of our reign the fifth. 

V. AMEDEO. 
(L. S.-) Del Borgo. 

Ks Imperial Majeftfs Ratification of tbe Treaty for 
Jettling tbe public Peace. 

WE Charles the Sixth, by the Divine clemency 
elected Emperor of the Romans, always Auguft, King 
pf Germany, Spain, Hungary, Bohemia, Dalmatia, 
Croatia, and Sclavonia, Archduke of Auftria, Duke 
t)f Burgundy, Brabant, Milan, Mantua, Styria, Ca- 
rinthia, Carniola, Limburg, Luxemburg, Geldfrland, 
the Upper and Lower Silelia, and Wurtemberg, Prince 
of Suabia, Marquis of the Holy Roman Empire., of 
Burgaw, Moravia, the Upper and Lower Lufatia, 
Count of Habfburg, Flanders, Tirol, Ferret, Kyburg, 
Goritia, and Namur, Landgrave of Alfatia, Lord of 
the Marck of Sclavonia, of Port Naon, and of Sa- 
lines, &c. do hereby make known and attcft to all 
whom it doth or in anywife may concern. 

"Whereas, by the Divine affiftance, the following 
treaties of peace and alliance between us and the molt 
Serene and moft Potent Prince, George, King of 
Great Britain and Ireland, Duke of Brunfwic and 
Lunenburg, Elector of die Holy Roman Empire, as 
alfo the moft Serene and mgft Potent Prince, Lewis 
XV. King of France, and the High and Mighty 
States General of the United Netherlands, were on 
the 2d day of Auguft, this prefent year 1718, concluded 
and figned at London, by the underwritten Plenipo- 
tentiaries on all fides, furnifhed for that purpofe with 
Sufficient orders, hereto annexed, to be ratified by all 
of us refpectively within the fpace of two months^ 
the tqnor of which is as follows : 

b 



J743-] AUSTRIAN NETHERLANDS. joi 

In the Name of the moft Holy and Undivided Tri- 
nity, &c. 

We having read and fully examined the articles of 
thofe treaties and conventions, have ratified and ap- 
proved all and each of them entirely,, as by virtue of 
thefe prefents we do approve and ratify all and fmgular 
the fame, and generally all that was Ib tranfafted, con- 
eluded, and fignedj promifing, on our Imperial, Royal, 
and Archducal word, firmly and religioufly to obferve 
and perform them in every tiling, and never to fuffer 
them to be infringed by us or ours ever at any time. 
In witnefs whereof x we have fubfcribed this prefent 
inftrument of ratification with oiir own hand, and in 
confirmation thereof caufed our ufual feal to be af- 
fixed thereto. Vienna, the i4th day of September 
- in the year of our Lord one thoufand feven hundred 
and eighteen, the feventh of our Roman, the fifteenth 
of our Spanifh, and the eighth of our Hungarian and 
Bohemian reigns. r 

CHARLES. 

Philip Lud. Count Sinzendorff. 

By the exprefs command of his Sacred Imperial 
and Catholic Royal Maiefly. 

John George Buol. 

His Imperial Majsftys Ratification of thefeparate and 

Jecret Articles. 

WE Charles the Sixth, by the Divine clemency 
elefted Emperor of the Romans, always Auguit, King 
-of Germany, Spain, Hungary, Bohemia, Dalmatia, 
Croatia, and Sclavonia, Archduke of Auftria, Duke 
of Burgundy, Brabant, Milan, Mantua, Styria, Ca- 
rinthia, Carniola, Limburg, Luxemburg, Gelderland, 
as alfo of the Upper and Lower Silefia, and of Wir- 
temberg, Prince of Swabia, Marquis of the Holy 
Roman Empire, of Burgaw, Moravia, Upper and 
Ix>wer Lufatia, Count of Habfburg, Flanders, Tyrol, 

Ferret, 



302 TREATIES WITH THE [1496 

ferret, Kyburg, Goritia, and Namur, Landgrave of 
Alfatia, Lord of the Marck of Sclavonia, of Port 
Naon, and of Salines, &c. make known to all and 
every one whom it may concern. Whereas, for the 
execution of the alliance this day concluded and figned 
at London by our and their Plenipotentiaries, with the 
moft Serene and moft Potent Kirtgs of Great Britain 
and France, and the High and Mighty States General 
of the United Netherlands, certain fcparate and fecret 
articles likcwife were agreed upon, the tenor whereof 
is, 

Separate and fecret Articles. 
I. Whereas, &c. 

We have entirely ratified and approved all and fin- 
the aforefaid articles fo concluded and figned by 

e Plenipotentiaries in virtue of their order, in like 
manner as the treaty of alliance idelf, part of which 
they are deemed to make, as by virtue of thefc pre- 
fents. we do approve and ratify all and fingular the fame, 
promifing, upon our Imperial, Royal, and Archducal 
word, that we will facredly and religioufly perform and 
obferve the faid articles, and each of them. In witnefs 
whereof, we have figned this prefent inftrument of 
ratification with our own hand, and thereto affixed our 
feal. Vienna, the I4th day of September, in the year 
of our Lord 1718, the feventh of our Roman, the 
fifteenth of our Spanifh, and the eighth of our Hun- 
garian and Bohemian reigns. 

CHARLES. 

Pbiiip Lud. Count Sinzendcrff. 

By the expre& command of his Sacred Imperial 
and Catholic Royal Majefty. 

John George Euol, 



gii 
th 



His 



I743-] AUSTRIAN NETHERLANDS. 30$ 

Kis- Imperial Majeftfs Ratification of the Jeparats Ar- 
N i. 



WE Charles the Sixth, by the Divine clemency 
elected Emperor of the Romans,, always Auguft, King 
of Germany, Spain, Hungary, Bohemia, Dalmatia,. 
Croatia, and Sclavonia, Archduke of Auftria, t)uke of 
Burgundy, Brabant, Milan, Mantua, Styria, Carin- 
thia, Carniola, Limburg, Luxemburg, Gelderland, 
as alfo of the Upper and Lower Silefia, and of Wur- 
temberg, Prince of Swabia, Marquis of the Holy Ro- 
man Empire, of Burgaw, Moravia, Upper and Lower 
-Lufatia, Count of Habfburg,. Flanders, Tyrol, Fer- 
ret, Kyburg, Goritia, and Namur, Landgrave of Al- 
fatia, Lord of the Marck of Sclavonia, of Port Naon,, 
and of Salines,, &c. make known to thole whom it 
doth concern. Wiiereas^ befides the treaty made this 
day at London, between us and the rnoft Serene and 
moft Potent Kings of Great Britain and France, and 
befides certain feparate and fecret articles concerning 
the execution of the faid treaty,, and making part there- 
of the following feparate article was likewife made, by 
virtue whereof thofe things which have been agreed, 
concluded, arid figned between us y the three contrac- 
tors in the faid treaty of alliance and fecret articles, 
are ratified and confirmed, even in cafe the High and 
Mighty States General of the United Netherlands*. 
contrary to the hope and better confidence repofed in 
them, fhould not be willing to accede to the faid trea- 
ties,. the tenor of which is,, 

Separate Article-. 
Whereas the treaty, &c. 

We hare and do entirely ratify and approve tne 
things which are contained, eftablifhed, and provided 
in this feparate article, in like manner as if they were 
inferted in the treaty itfelf; for the obfervation and 
execution whereof we do engage our Imperial, Royal,, 
and Archducal word, by virtue of thefe prefents, figned 

with 



TREATIES WITH THE 

with our name, and fealed with our feal. Vienna, the 
1 4th day of the month of September, in the year of 
our Lord 1718, the feventh of our Roman, the fif- 
teenth of our Spanifh, and the eighth of our Hunga- 
rian and Bohemian reigns. 

CHARLES. 
Phil Lud. Count Sitizendorf. 

By the exprefs command of his Sacred Imperial 
and Catholic Royal Majefty. 

John George Buol. 

His Imperial Majefty' s Ratification of tbcjffarate Arti* 
cle y N 2. 

WE Charles the Sixth, by the Divine clemency 
elected Emperor of the Romans, always Auguft, King 
of Germany, Spain, Hungary, Bohe/nia, Dalmatia, 
Croatia, and Sclavonia, Archduke of Aultria, Duke 
of Burgundy, Brabant, Milan, Mantua, Styria, Ca- 
rinchia, Carniola, Limburg, Luxemburg, Gelderland, 
as alfo of the Upper and Lower Silefia, and of Wuf- 
temberg, Prince of Swabia, Marquis of the Holy 
Roman Empire, of Burgaw, Moravia, Upper and 
Lower Lufatia, Count of Habfburg, Flanders, Tyrol, 
Ferret, Kyburg, Goritia, and Namur, Landgrave of 
Alfatia, Lord of the Marck of Sclavonia, of Port 
Naon, and of Salines, &c. make known to all whom 
it doth concern. Whereas to the treaty made this day 
at London, between us and the moft Serene and moft 
Potent Kings of Great Britain and France, as alfo the 
High and Mighty the States General of the United 
Netherlands, amongft others alfo one feparate article 
was added, which treats about the pay of the Swils 
garrifons to be put in the places therein exprefled, die 
tenor of which follows : 

Separate Article. 
But if, &c. 

We do entirely approve and ratify this article, as 

making 



1743-] AUSTRIAN NETHERLANDS. 305. 

making a part of the principal treaty. In witnefs and 
confirmation whereof, we have fet our name and feal 
to thefe prefents. Vienna, the L4th day of the month of 
September, in the year of our Lord 1718, the feventh 
of our Roman, the fifteenth of our Spanifti, and the 
eighth of our .Hungarian and Bohemian reigns* 

CHARLES. 

Philip Lud. Count Sinzendorf* 

By the exprefs command of his Sacred Imperial 
and Catholic Royal Majefty. 

John George Bud. 

His Imperial Majefty 9 s Ratification of the feparate Ar- 
tide, N c 3. 

WE Charles the Sixth, by the Divine clerhericy 
elecled Emperor of the Romans, always Auguft, King 
of Germany, Spain, Hungary, Bohemia, Dalrnatia, 
Croatia, and Sclavonia, Archduke of Auftria, Duke 
of Burgundy, Brabant, Styria, Carinthia, Carniola, 
Milan, Mantua, Limburg, Luxemburg, Gelderland, 
as alfo of the Upper and Lower Silefia, and of Wur- 
temberg, Prince of Swabia, Marquis of the Holy Ro- 
man Empire, of Burgaw, Moravia, Upper and Lower 
Lufatia, Count of Habfburg, Flanders, Tyrol, Fer- 
ret, Kyburg, Goritia, and Namur, .Landgrave of 
Alfatia, Lord of the Marck of Sclavonia, of Port 
Naon, and of Salines, &c. make known and teftify 
by thefe prefents. Whereas before the figning the 
treaty of alliance made the 2d day of the month of 
Auguft, with the moft Serene and moft Potent Kings 
of Great Britain and France, as alfo with the High 
and Mighty States General of the United Netherlands, 
the following article was propofed to us. . . 

Separate Article v 
Whereas in the treaty of alliance, &c. 

That we have ratified and approved, as we do hereby 
VOL. I, X ratify 



306 TREATIES WITH THE [1496 

ratify and approve die fame. In witnefs whereof, we 
have caufcd thefe prefents, figned by our own hand, to 
be fealed with our feaL Vienna, the i4th day of the 
rnonth of September, in the year of our Lord 1718, 
the feventh of our Roman, the fifteenth of our Spa- 
nifh, and the eighth of our Hungarian and Bohemian 
jeigns. 

CHARLES. 

Philip Lud. Count Sinzendcrf. 

By the exprefs command of his Sacred Imperial 
and Catholic Royal Majefty. 

John George Buol. 

His Imperial Majeftfs Ratification of the feparate Ar- 
tide, N 4. 

WE Charles the Sixth, by the Divine clemency 
clefted Emperor of the Romans, always Augnft, King 
of Germany, Spain, Hungary, Bohemia, Dalmatia, 
Croatia, and Sclavonia, Archduke of Auftria, Duke 
of Burgundy, Brabant, Milan, Mantiu, Styria, Ca- 
rinthia, Carniola, Limburg, Luxemburg, Gelderland, 
as alfo of the Upper and Lower Silefia, and of \\ur- 
temberg, Prince of Swabia, Marquis of the Holy 
Roman Empire, of Burgaw, Moravia, Upper and 
Lower Lufatia, Count of Habfburg, Flanders, Tyrol, 
Ferret, Kyburg, Goritia, and Namur, Landgrave 
of Alfatia, Lord of the Marck of Sclavonia, of Port 
Naon, and of Salines, &c. make known and teftify by 
thelc prefents. Whereas before the figning the treaty 
of alliance made the id day of the month of Auguft, 
with the moft Serene and mod Potent Kings of Grea: 
Britain and France, as alfo with the High and Mighty 
States General of the United Netherlands, the follow- 
ing article was propofed to us: 

Separate Article. 
Whereas fome of the titles, &c. 

That we have ratified and approved, as we do here- 
by 



1743-1 AUSTRIAN NETHERLANDS, 

by ratify and approve the fame. In witnefs whereof 
we have caufed thefe prefents, figned by our own hand> 
to be fealed with our feal. Vienna, the T4th day of 
the month of September, in the year of our Lord 
1718, the feventhof our Roman, the fifteenth of our 
Spanifh, and the eighth of our Hungarian and Bohe- 
mian reigns. CHARLES. 

Philip Lud. Count Sinzendorfi 

By the exprefs command of his Sacred Imperial 
and Catholic Royal Majefty. 

John George BuoL 

'fke moft Cbriftian King's Ratification of the Treaty, and 
of Three of thejeparate Articles^ N 2, 3, 4. 

LEWIS, by the grace of God, King of France 
and Navarre, to all who lhall fee thefe prefents, greet- 
ing. Whereas our beloved and faithful the Abbot du 
Bois, counfellor in ordinary of our Council of State, 
and of the Council for foreign affairs, Secretary of our 
Cabinet, and our Plenipotentiary, hasj by virtue of 
full powers which we gave him for that purpofe, con- 
cluded, agreed, and figned at London, the 2d of this 
prefent month of Auguft, with M. Chriftopher Pen- 
terridter, of Adelfhaufen, Imperial Aulic Counfellor, 
and Affeflbr of the Council of the Auftrian Nether^ 
lands, and John Philip Hoffman, Refident of our moft 
dear and moft beloved brother the Emperor of the 
Romans at London, his Plenipotentiaries, furnifhed 
in like manner with his full powers; and with Wil- 
liam Archbifhop of Canterbury, Primate and Metro- 
politan of all England; Thomas Lord Parker, Baron 
of Macclesfield, Lord High Chancellor of our moft 
dear and moft beloved brother the King of Great 
Britain; Charles Earl of Sunderland, Prefldent of the 
Council of our faid brother; Evelyn Duke of King- 
fton, Lord Privy Seal; Henry Duke of Kent, Lord 
High Steward of the Houfhold of our faid brother; 
Thomas Duke of Newcaftle, Lord Chamberlain of 
X 2 the 



308 TREATIES WITH THE [1496 

the Houfhold of our faid brother? Charles Duke of 
Bolton, Lord Lieutenant and Governor General of 
the Kingdom of Ireland; John Duke of Roxburghe, 
one of the principal Secretaries of State of Great Bri 
tain; James Earl of Berkeley, firft Commilfioner of 
the Admiralty; and James Craggs, likewife one of 
the principal Secretaries of State of Great Britain, fur-. 
nifhed in like manner with his full powers, the treaty 
of alliance, and die feparate articles, the tenor whereof 
follows. 

In the name, &c. 

We approving the above-mentioned treaties of al- 
liance and feparate articles in all and every the points 
therein contained, have by the advice of our moft dear 
and moft beloved uncle the Duke of Orleans, Regent 
of our kingdom, as well for us, as for our heirs, luc- 
ceflbrs, kingdoms, countries, territories, lordfhips, and 
ilibje<5h>, accepted, approved, ratified, and confirmed, 
and by thefe prefems, figned widi our hand, do accept, 
approve, ratify, and confirm the fame; and promilc, 
on the word and faith of a King, to keep and obferve 
the whole inviolably, without ever acting one way or 
other to the contrary, directly or indirectly, in any kind 
or manner whatever. In witnefs whereof, we have 
Oaufed our feal to be affixed to thefe prefcnts. Given 
at Paris, the 3Oth of Auguft, in the year of grace one 
thoufand leven hundred and eighteen, and of our reign 
die third. 

LEWIS. 
By the King. 
The Duke of Orleans, Regent, prelent. 

Pbelypeaux. 

be moft Chriflian King's Ratification of tbejeparatt 
andfecret Articles > and of one of the ferrate drti- 
r/w^N 11 i. 

LEWIS, by the grace of God, King of France 
and Navarre, to all who (hall fee thefe prefents, greet- 
ing. 



I743-] AUSTRIAN NETHERLANDS. 309 

ing. Whereas our beloved and faithful the AbSot du 
Bois, counfellor in ordinary of our Council of State, 
and of the Council for foreign affairs, Secretary of our 
Cabinet, and our Plenipotentiary, has, by virtue of 
full powers which we gave him for that purpofe, con- 
.eluded, agreed, and figned at London, the id of this 
prefent month of Anguft, with M. Chriftopher Pen- 
:terridter, of Adelfhaufen, Imperial Aulic Counfellor, 
.and AfTeflbr of the Council of the Auftrian Nether- 
lands, and John Philip Hoffman, Refident of our 
janoft dear and moft beloved brother the Emperor of 
the Romans at London, his Plenipotentiaries, fur- 
nifhed in like manner with his fall powers; and with 
William Archbifhop of Canterbury, Primate and Me- 
tropolitan of all England; Thomas Lord Parker, 
^aron of Macclesfield, Lord High Chancellor of our 
"moft dear and moft beloved brother the King of Great 
Britain; Charles Earl of Snnderland, Prefident of the 
Council of our faid brother; Evelyn Duke of King- 
fton, Lord Privy Seal ; Henry Duke of Kent, Lord 
-High Steward of the Houfhold of our faid brother; 
Thomas Duke of Newcaftle, Lord Chamberlain of 
the Houfhold of our faid brother; Charles Duke of 
Bolton, Lord Lieutenant and Governor General of 
the Kingdom of Ireland; John Duke of Roxburghe, 
one of the principal Secretaries of State of Great Bri- 
tain ; James Earl of Berkeley, firft Commiflioner of 
the Admiralty; and James Craggs, likewife one of the 
principal Secretaries of State of Great Britain, Pleni- 
potentiaries of our faid brother the King of Great 
Britain, furnifhed in like manner with his full powers, 
feparate and fecret articles, the tenor whereof follows. 

Separate Articles, &c, 

We approving the above-mentioned feparate and 
fecret articles, in all and every the points therein con- 
tained, have by the advice of our moft dear and moft 
beloved uncle the Duke of Orleans, Regent of our 
kingdom, as well for us as for our heirs, fuccerTors, 
X 3 kingdoms, 



TREATIES WITH Tirt [1496 

kingdoms, countries, territories, lordfhips and fub- 
jects, accepted, approved, ratified, and confirmed, and 
by thefe prefents, figned with our hand, do accept, ap- 
prove, ratify, and confirm the fame, and promiie, on 
the word and faith of a King, to keep and obferve 
the whole inviolably, without ever acting one way or 
other to the contrary, directly or indirectly, in any 
kind or manner whatsoever. In witnefs whereof we 
have caufed our feal to be affixed to thefe prefents. 
Given at Paris, the 3Oth of Auguft, in the year of grace 
one thoufand feven hundred and eighteen, and of our 
reign. the third. LEWIS. 

By the King. 
The Duke of Orleans, Regent, prefent. 

Pbehpeaux, 



fbe Treaty of Peace and Alliance between the Entpercr 
Charles VI. and George II. King of Great Bri- 
tain, in which the States of the United Provinces 
of the Netherlands are included. Made at Vien- 
na, the i6tb of March, 1731. 

In the name of the moft Holy and Undivided Trinity. 
Amen. 

TO all to whom it does or may any way apper- 
tain. Be it known, that the moft Serene and moft 
Potent Prince and Lord, Charles VI. Emperor of the 
Romans, King of Spain, of both the Sicilies, Hun- 
gary, and Bohemia, Archduke of Auftria, &c. &c. and 
the moft Serene and moft Potent Prince and Lord, 
George II. King of Great Britain, France, and Ire- 
land, together with the High and Mighty Lords the 
States General of the United Provinces of the Nether- 
lands, having taken into confideration the prefent un- 

fcttlcd 



I743-] AUSTRIAN NETHERLANDS. 

fettled and perplexed ftate of affairs in Europe, feri- 
ouily bethought themfelves of finding proper methods, 
not only to prevent thofe evils which muft naturally 
arife from the cavils and divifions that were daily in- 
creafmg, but alfo to eftabliih the public tranquillity 
upon a fure and lafting foundation, and in as eafy and 
fpeedy a manner as it was poflible : for this end their 
faid Majefties, and the faid States General, being fully 
animated with a fincere defire to promote fo whole- 
dome a work, and to bring it to perfection, judged it 
expedient to agree among themfelves upon certain 
general conditions, which might ferve as the bafis for 
reconciling the animofities and fettling the differences 
of the chief Princes of Europe, which, as they are- 
heightened among themfelves, do greatly endanger the 
public tranquillity. 

For which purpofe, the mofl High Prince and 
Lord, Eugene, Prince of Savoy and Piedmont, actual 
Privy Counfellor to his Sacred Imperial and Catholic 
Majefty, Prefident of the Council of the Auftrian Ne^ 
therlands at Vienna, and his Lieutenant General, Ma- 
jor General of the holy Roman Empire, and Vicar 
General of the kingdoms and dates of the faid Empire 
in Italy, Colonel of a regiment of dragoons, Knight 
of the Golden Fleece 5 and alfo the moil Illuftrious 
and moft Excellent Lord, Philip Lewis, Hereditary 
Treafurer of the holy Roman Empire, Count of Zin- 
zendorf, Free Baron of Ernftbrunn, Lord of the Dy- 
nafties of Gfbll, Upper Selowitz, Porlitz,- Sabor, Mul- 
fig, Loof-zan, and Drefkau, Burgrave of Rheineck, 
Hereditary Matter of the Horfe in Upper and Lower 
Auftria, Knight of the Golden Fleece, Chamberlain 
to his Sacred Imperial Majefty, actual Privy Coun- 
fellor, and firft Chancellor of the Court, &c. and alfo 
the moft Illuftrious and moft Excellent Lord, Gun- 
dacker Thomas, Count of the holy Roman Empire, 
by the titles of Staremberg, Schatomburg, and Wax- 
emburg, Lord of the domains of Efchelberg, Liech- 
tenliagen, Roteneg, Freyftadt, Haus, Obenvalfe, Se 
X 4 fenberg, 



TREATIES WITH THE 

fbnberg, Bodendorf, Hat\van, Knight of the Golden 
Fleece, actual Privy Counfellor to his Sacred Impe- 
rial and Catholic Majefty, Hereditary Marfhal of the 
Archdutchy of Upper and Lower Auftria, on the part 
of his Sacred Imperial and Catholic Majeity ; and 
Thomas Robinfon, Efq; Member of the Parliament 
of Great Britain, and Minifter of his Majefty of Great 
Britain to his faid Imperial and Catholic Majefty, on 
the part of his Sacred Royal Majefty of Great Bri- 
tain : and on the part of the 
High and Mighty States of the United Provinces of 
the Netherlands ; being all furnifhed with full powers, 
after they had held conferences together, and exchanged 
their credential letters and full powers, agreed upon 
the following articles and conditions. 

I. That there (hall be from this time forward, be- 
tween his Sacred Imperial Catholic Majefty, his Sa- 
cred Royal Majefty of Great Britain, the heirs and 
fuccefibrs of both, and the High and Mighty Lords 
the States General of the United Provinces of the Ne- 
therlands, a firm, finccre, and inviolable friendfhip, 
for the mutual advantage of the provinces and fubjects 
belonging to each of the contracting Powers ; and that 
this peace be fo^eftablifhccl, that each of the contrac- 
tors fhall be obliged to tiefend the territories and 
fubjectb of the others ; to maintain the peace, and pro- 
mote the advantages of the other contractors as much 
as their own ; and to prevent and avert all damages 
and injuries of every kind whatfoever, which might be 
done to them. For this end, all the former treaties 
or conventions of peace, friendfhip, and alliance, fhall 
have their full effect, and fhall preferve in all and 
every part their full force and virtue, and fhall even 
'be looked upon as renewed and confirmed by virtue 
of the prelent treaty, except only fuch articles, dailies, 
and conditions, from which it has been thought fit to 
derogate by the prefent treaty. And moreover,- the 
faid contracting parries have exprefsly obliged thenr- 
fclves, by virtue- of this prelent article, to a mutual 



I743-] AUSTRIAN NETHERLANDS. 313 

defence, dr, as it is called, guaranty of all the king- 
doms, ftates, and territories, which each of them pof- 
fefles, and even of the rights and immunities each of 
them enjoys, or ought to enjoy, in fuch manner, that 
they have mutually declared and promifed to one 
another, that they will with all their forces oppofe the 
enterprizes of all and every one who fhall (perhaps 
contrary to expectation) undertake to difturb any of 
the contractors,' or their heirs and fucceflbrs, in the 
peaceable pofleflion of their kingdoms, ftates, provin- 
ces, lands, rights, and immunities, which each of the 
contracting parties doth or ought to enjoy, at the time 
of the conclufion of the prefent treaty. 

II. Moreover, as it has been frequently remcn- 
ftrated on the part of his Imperial and Catholic Ma- 
jefty, that the public tranquillity could not reign and 
laft long, and that no other fure way could be found 
out for maintaining the balance of Europe, than a ge- 
neral defence, engagement, and eviction, or, as they 
call it, a guaranty for the order of his fucceflion, as 
it is fettled by the Imperial declaration of 1713, and 
received in the moft Serene Houfe of Auftria; his 
Sacred Royal Majefty of Great Britain, and the High 
and Mighty Lords the States of the United Provin- 
ces of the Netherlands, moved thereto by their ar- 
dent defire to fecure the public tranquillity, and to 
preferve the balance of Europe, as alib by a view 
of the terms agreed upon in the following articles, 
which are exceedingly well adapted to anfwer both 
purpofes, do, by virtue of the prefent article, take 
upon them the general guaranty of the laid order of 
fucceflion, and oblige themfelves to maintain it as of- 
ten as there {hall be occafion, againft all perfons what- 
foeverj and confequently they promife, in the moft 
authentic and ftrongeft manner that can be, to de- 
fend, maintain, and (as it is called) to guaranty, with 
all their forces, that Order of fucceflion which his Im- 
perial Majefty has declared and eftabliihed by a folemn 
ad of the i$th' of April, 1713, in manner of a perpe- 
tual, 



314 TREATIES WITH TH* [1496 

tual, indivifible, and infeparable feoffment of truft, in 
favour of primogeniture, for all his Majefty's heirs of 
both fexes j of which aft there is a copy annexed at 
the end of this treaty : which faid act was readily and 
unanimously received by the orders and eftates of all 
the kingdoms, archdutchies, principalities, provinces, 
and domains, belonging by right of inheritance to the 
rnoft Serene Houfe of Auftriaj all which have hum- 
bly and thankfully acknowledged it, and tranfcribcd it 
into their public regifters, as having the force of a 
law and pragmatic fandtion, which is to fubfift for 
ever in full force. And whereas, according to this rule 
and order of fucceflion, if it fhould pleafe God of his 
mercy to give his Imperial and Catholic Majefty iffue 
male, then the eldeft of his fons, or, he being dead 
before, the eldeft fon's eldeft fon ; and in cafe there be 
no male ifiiie, on his Imperial and Catholic Majefty's 
demife, the eldeft of his daughters, the moft Serene 
Archdutchefles of Auftria, by the order and right of 
feniority, which has always been indivifibly preferved, 
is to fucceed his Imperial Majefty in all his king- 
doms, provinces, and domains, in the fame manner 
as he now poflefies them : nor fhall they at any time, 
upon any account, or for any reafon whatever, be 
divided or feparated in favour of him, or her, or them 
who may be of the fecond, the third, or more diftant 
branch. And this fame order and indivifible right of 
feniority is to be preferved in all events, and to be 
obferved in all ages, as well in his Imperial Majef- 
ty's male ifTue, if God grants him any, as in his Im- 
perial Majefty's female iffuc, after the extinction of 
the male heirs ^ or, in fhort, in all cafes wherein the. 
fuccclTion of the kingdoms, provinces, and hereditary 
dominions of the moft Serene Houfe of Auftria fhall 
be called in queftion. For this purpofe, his Majefty 
of Great Britain, and the High and Mighty Lord* 
the States General of the United Provinces of the Ne- 
therlands, promife and engage to maintain him, or 
her, who ought to fucceed according to the rule and 

order 



1743-1 AUSTRIAN NETHERLANDS. 315 

order above fet forth, in the kingdoms, provinces, or 
domains of which his Imperial Majefty is now actually 
in poflefTion; and they engage to defend the fame for 
ever againft all fuch as fhall perhaps prefume to di- 
turb that poflefllon in any manner whatfoever. 

III. And forafmuch as it hath been often repre- 
fented to his Imperial and Catholic Majefty, in terms 
full of friendfhip, on the part of his Sacred Royal 
Majefty of Great Britain, and the High and Mighty 
Lords the States General of the United Provinces, 
that there was no furer 'nor more fpeedy method for 
eftablifliing the public tranquillity fo long defired, 
than by rendering the fucceflion of the dutchies of 
Tufcany, Parma, and Placentia, defigned for the moft 
Serene the Infante Don Carlos, yet more fecure by 
the immediate introduction of 6000 Spanifh foldiers 
into the ftrong places of thofe dutchies ; his faid Sa- 
cred Imperial and Catholic Majefty, defiring to pro- 
mote the pacific views and intentions of his Britan- 
nic Majefty, and the High and Mighty States Gene- 
ral of the United Netherlands, will by no means op- 
pofe the peaceable introduction of the faid 6000 Spa- 
niards into the ftrong places of the dutchies of Tuf- 
cany, Parma, and Placentia, in purfuance of the above- 
mentioned engagements entered into by his faid Bri- 
tannic Majefty, and by the States General. And 
whereas, to this end, his Imperial and Catholic Ma- 
jefty judges the confer^ of die Empire neceflary, he 
promifes, at the fame time, that he will ufe his utmoft 
endeavours to obtain the faid confent within the Ipace 
of two months, or fooner, if poflible. And to obvi- 
ate as readily as. may be the evils which threaten the 
public peace, his Imperial and Catholic Majefty more^ 
over promifes, that, immediately after the mutual ex- 
change of the ratifications, he will notify the confent 
which he, as head of the Empire, has given to the faid 
peaceable introduction, to the Minifter of the Great 
Duke of Tufcany, and to the Minifter of Parma re- 
Tiding at his court, or wherever elfe it lhall be thought 

proper. 



316 TREATIES WITH THE [149$ 

proper. His faid Imperial and Catholic Majefty like- 
wife promises and affirms, that he is fo far from any 
thought of raifing, or caufing any hinderance, directly 
or indirectly, to the Spanifh garrifons being admitted 
into the places aforefaid, that on the contrary he will 
interpofe his good offices and authority for removing 
any unexpected obftruction or difficulty that may op- 
pofe the faid introduction, and confequently that the 
6000 Spanifh foldiers may be introduced quietly, and 
without any delay, in the manner aforefaid, into the 
ftrong places as well of the great dutchy of Tufca^ 
ny, as of the dutchies of Parma and Placentia. 

IV. That therefore all the articles thus agreed to, 
with the irrevocable confent of the contracting par- 
ties, be fo firmly and reciprocally eftablifhed, and fo 
entirely decided, that it Ihall not be lawful for the 
contracting parties to deviate from them in any wile ; 
meaning as well thofe which are to be put in execu- 
tion without delay, and immediately after the exchange 
of the ratifications, as thofe which ought to remain 
for ever inviolable. 

V. Whereas, for attaining to the end which the con- 
tracting parties in this treaty propofe to themfelves, 
it has been found neceflary to pluck up every root of 
divifion and diflenfion, and therefore that the antient 
friendlhip which united the faid contracting parties, 
may not only be renewed, but knit clofcr and clofer 
every day, his Imperial Catholic Majefty promiies, 
and, by virtue of the prefent article, binds himfelf to 
caufe all commerce and navigation to the Eaft Indies 
to ceafe immediately and for ever in the Auftrian 
Netherlands, and in all the other countries which in 
the time of Charles II. Catholic King of Spain, were 
under the dominion of Spain ; and that he will bond 
fde act in fuch manner, that neither the Oftend com- 
pany, nor any other, either in the Auftrian Nether- 
lands, or in the countries which, as is abovcfaid, 
were under tl>e dominion of Spain in the time offic- 
iate 



1743-] AUSTRIAN NETHERLANDS. 317 

late Catholic King Charles II. fhall at any time, di- 
rectly or indirectly, contravene this rule eftablifhed 
for ever. Excepting that the Oftend company may 
lend, for once only, two Ihips, which ihall fail from 
the faid port to the Eaft Indies, and from thence 
return to Oftend, where the faid company may, 
when they think fit, expofe the merchandizes fo brought 
from the Indies to fale. And his Sacred Royal Ma- 
jefty of Great Britain, and the High and Mighty 
States General of the United Provinces, do likewife 
promife on their part, and oblige themfelves, to make 
a new treaty with his Imperial Majefty without delay, 
concerning commerce and the rule of impofts, com- 
monly called a Tariff, as far as relates to the Auftrian 
Netherlands, and agreeable to the intention of the 26th 
article of the treaty, commonly called (by reafon of 
the limits therein fettled) the Barrier. And for this 
purpofe the contracting parties fhall immediately name 
commifiloners, who fhall meet at Antwerp within the 
fpace of two months, to be computed from the day 
of figning the prefent treaty, to agree together upon 
every thing that regards the entire execution of the 
faid barrier treaty, which was concluded at Antwerp 
the T \th day of November, anno 1715, and of the 
convention fince figned at the Hague the ~ day of 
December, 1718; and particularly to conclude a new 
treaty there, as has been faid, concerning commerce, 
and the rate of impofts, as far as relates to the Auf- 
trian Netherlands, and according to the intention of 
the aforefaid 26th article. It is moreover agreed, and 
folemnly ftipulated, that every thing which it hath 
been thought fit to leave to the commiffioners who 
are to meet at Antwerp, ftiall be brought to a final 
iflue, with all the juftice and integrity, as foon as pof- 
fible, and in fuch manner that the laft hand may be 
put to that work, at le aft within the Ipace of two years. 

VI. As the examination and difcufilon of the other 
points which remain to. be difeuflfed, either between 
the contracting parties, or any of their confederates, 

require 



TREATIES WITH T nit 

require much more time than can be fpared in this 
critical fituarion of affairs, therefore, to avoid all de- 
lays, which might be too prejudicial to the common 
welfare, it is covenanted and agreed to declare mutu- 
ally, that all the treaties and conventions which any 
of the fakJ contracting Powers have made with other 
Princes and States, fhall fubfift as they now are, ex- 
cepting only fo far as they may be contrary to any of 
the points regulated by the prefent treaty ; and more- 
over, that all the difputcs which are actually between 
the fakl contracting parties, or any of their allies, (hall be 
amicably adjufted as foon as poflible ; and in the mean 
ti/ne the contracting parties fhall mutually endeavour 
to prevent any of thofe who have differences, from 
having recourfe to arms to fupport their pretenfions. 

VII. To take away all manner of doubt from the 
fubjecls of the King of Great Britain, and the Lords 
the States General, touching their commerce in the 
kingdom of Sicily, his Imperial and Catholic Ma- 
jt'fty has been pleafed to declare, that from this time 
forward they fhall be treated in the fame manner, and 
upon the fame foot as they were or ought to have been 
treated in the time of Charles II. King of Spain, of 
glorious memory, arxi as any nation in the ftridlcft 
friendfhip has been ufually treated. 

VIII. There fhall be included in this treaty of 
peace, all thofe who, within the fpace of fix months 
after its ratifications are exchanged, ihall be propofed 
by either party, and by common confent. 

f5t. This preient treaty fhall be approved and ra- 
tified by his Imperial and Catholic Majefty, by his Sa- 
cred Ro/al Majefty of Great Britain, and by the High 
and Mighty Lords the States General of the United 
Netherlands, and the ratifications fhall be given and 
exchanged at Vienna, within fix weeks, to be compu- 
ted from the day of figning. 

In witnefs and confirmation whereof, as well the 

Imperial 



1 743.] AUSTRIAN NETHERLANDS. 31 

Imperial Commiflioners, in quality of Ambafla- 
dors Extraordinary and Plenipotentiaries, as the 
Minifter of the King of Great Britain, equally 
furnifhed with full powers, have figned this treaty 
with their own hands, and fealed it with their 
ieals. Done at Vienna in Auftria, the i6th day 
of March, in the year of our Lord 1731. 

(L. S.) Eugene of Savoy. 

(L. S.) Philip Lewis of Zinzendorf. 

(L. S.) Gundacker Thomas of Staremberg. 

(L. S.) Thomas Robinfen. 

1 Separate Article. 

THOUGH by the firft article of the treaty con- 
cluded this day between his Imperial and Catholic 
Majefty, his Sacred Royal Majefty of Great Britain, 
and the Lords the States General of the United Pro- 
vinces of the Netherlands, the contracting parties did 
mutually promife, among other things, that they would 
with all their forces oppofe the enterprizes of any per- 
fon or perfons who fhould (perhaps contrary to expec- 
tation) offer to give difturbance to any of the con- 
tracting parties, their heirs or fucceflbrs, in the peace- 
able pofTefllon of their kingdoms, dominions, provin- 
ces, countries, rights or immunities, which each of 
the contractors doth or ought to enjoy at the time of 
the conclufion of the prefent treaty; the faid con- 
tracting parties have neverthelefs agreed among them-* 
felves, by virtue of the prefent feparate article, that 
if it fhould happen, perhaps, in procefs of time, that 
the Turks fhould offer to difturb his Sacred Imperial 
and Catholic Majefty, his heirs and fucceflbrs, in the 
quiet poffeffion of the kingdoms, dominions, provin- 
ces, countries, rights, or immunities, which his Im- 
perial Majefty actually doth, or ought to enjoy, the 
guaranties ftipulated in the faid firft article are not to 
be extended to this cafe now mentioned. 

This feparate article (hall have the fame force, &c. 

Declaration 



TREATIES WITH THE 

Declaration concerning the Spanilh Garrifons, which 
are to be introduced into the jirong Places of Tuf- 
cany, Parma, and Placcntia. 

FORASMUCH as his Sacred Imperial Catholic 
Majefly was defirous to have all manner of fecurity, 
before he would confcnt on his part to the ^d article 
of the treaty concluded this day, which regulates the 
immediate introduction of the Spanifli garrifons into 
the ftrong places of Tufcany, Parma, and Placentia, 
agreeably to the real views and intentions contained 
in the promifes made and figned in the treaty of Se- 
ville, partly on the 9th, and partly on the aift day 
of November, anno 1729 ; his Sacred Royal Majefly 
of Great Britain, and the High and Mighty Lords the 
States General of die United Netherlands, have not 
only exhibited thofe promiies bond fide ', as they are 
here fubjoined, to his Sacred Imperial and Catholic 
Majefty, but moreover they have not hefitated to af- 
firm, in the ftrongeft manner, that when they agreed 
to introduce the Spanifh garrifons into the ftrong pla- 
ces of Tufcany, Parma, and Placentia, they had no 
intention to depart in the leaft from thofe things which 
had been fettled by the 5th article of the Quadruple 
Alliance, concluded at London x"Jmt\> I 7 l %> either 
with regard to the rights of his Imperial Majefty, and 
the Empire, or to the fecurity of the kingdoms and 
ftates which his Imperial Majefty actually poffefleth 
in Italy, or laftly, to the prefervation of the quiet 
and dignity of thofe who were then the lawful pof- 
feflbrs of thofe dutchies. For this purpofe, his Royal 
Majefty of Great Britain, and the High and Mighty 
Lords the States General of the United Netherlands, 
have declared, and do declare, that they are entirely 
difpofed and ready to give his Imperial and Catholic 
Majefty, as they do by thefe prefents, all the ftrong 
and folemn promifes, evictions, or, as they are called, 
guaranties, that can be defired, as well in relation to 
the points above-mentioned, as in relation to all the 

other 



2743-] AUSTRIAN NETHERLANDS. 321 

other points ffill contained in the faid 5th article of the 
treaty called Quadruple. 

This pjefent declaration fhall have the fame force, &c. 

Declaration concerning the SucceJJlcn of Parma. 

I T being apprehended that the unexpected death 
of the late molt Serene Prince, Anthony Farnefe, in 
his life-time Duke of Parma and Placentia, might in 
fome fort retard or obftruct the conclufion of this 
treaty, it having happened at the very time when it 
was upon the point of being concluded ; his Imperial 
and Catholic Majefty doth, by virtue of this prefent 
a6t, declare and engage, that in cafe the hopes of the 
pregnancy of the moft Serene Dutchefs Dowager, 
wife of the faid moft Serene Duke Anthony whilil he 
lived, do not prove abortive, and the faid Dutchefs 
Dowager fhould bring a man-child into the world, all 
that has been regulated, as well by the 3d article of 
the treaty concluded this day, as by die act of decla- 
ration above recited, fiiall take place, as much as if 
the unforefeen death of the Duke had not happened : 
but that if the hopes conceived of the pregnancy of 
the faid Dutchefs Dowager fhould vanifli, or fhe 
fhould bring a pofthumous daughter into the world, 
then his faid Imperial Majefty declares, and binds 
himfelf, that inftead of introducing the Spanifh fol- 
diers into the ftrong places of Parma and Placentia, 
the moft Serene Infante of Spain, Don Carlos, fhall 
be put into the porTefiion of the faid dutchies, in the 
fame manner as was agreed upon with the court of 
Spain, by confent of the Empire, and purfuant to the 
letters of eventual inveftiture, the tenor of which lhall 
be looked upon as repeated and confirmed in all its 
articles, claufes, and conditions ; in fuch manner not- 
withftanding, that the faid Infante of Spain, as alfo 
the court of Spain, fhall firft of all fulfil the former 
treaties, wherein the Emperor is a contracting party 
with the confent of the Empire. And whereas upon 
the deceafe of the faid Duke Anthony Farnefe, the 

VOL. I. Y Imperial 



312 TREATIES WITH THE [1496 

Imperial troops were not put into the ftrong places of 
Parma and Placentia, with a view to hinder the even- 
tual fuccefiion, as it was fecured to the mod Serene- 
Infante Don Carlos by the treaty of London, com- 
monly called the Quadruple Alliance, but only to pre- 
vent any enterprize which might have difturbed the 
tranquillity of Italy; his Sacred Imperial and Catho- 
lic Majefty perceiving, that by the treaty concluded 
this day, the public tranquillity is reftored and con- 
firmed as far as poflible, he doth again declare, that 
in putting his troops into the ftrong places of Parma 
and Placentia, he had no other intention than to fup- 
poit, as far as lay in his power, the fucceflion of the 
moft Serene Infante Don Carlos, as it is fecured to the 
faid Infante by the faid treaty of London : and that, 
very far from cppofing the faid fucceflion, in cafe the 
male branch ot the Houfe of Farncfe fhould be ut- 
terly extinft ; or from oppofmg the introduction of the 
Spanifli garrifons, if the Dutchefs Dowager fhould 
happen to bring a pofthumous fon into the world ; his 
Imperial Majefty doth on the contrary declare and 
promife, that the faid forces fhall by his exprefs or- 
ders be withdrawn, either that the faid Infante Don 
Carlos may be put into pofleflion of the laid dutchies, 
according to the tenor of the letters of eventual invel- 
titure, or that the Spanifh garriions may be introduced 
peaceably, and without any refiflance whatever ; which 
faid garrifons are to ferve for no other life than to fe- 
cure the execution of the promife made to him, in 
cafe the male branch of the Houfe of Farnefe Ihould 
be utterly extinct. 

The prefent declaration fhall have the fame force, &c. 

Declaration Jigned by the Minijlfrs cf the King of 
Great Britain, and the Lords the States General, 
by virtue of their Full Powers. 

WHEREAS among feveral articles agreed upon 
in the treaty of Seville, on. the 9th and a ill day of 

November, 



4743-1 AUSTRIAN NETHERLANDS. 

November, 1729, in favour of the Great Duke of 
Tufcany, as well as of the diitchies of Parma and 
Placentia, it was likewife provided, that as focn as 
the moft Serene Infante of Spain, Don Carlos, or tfre 
- Prince to whom his rights may devolve, fhould be in 
peaceable pofTeffion of the fuccefiion defigned for him, 
and fecure from any infults of enemies, and againft 
any juft Caufe of fear, then his Royal Catholic Ma- 
jelly Ihould prefently give orders for withdrawing his 
own troops out of the faid dutchies, but not thole 
belonging to the Infante Don Carlos, or to the Prince 
upon whom, as above-mentioned, his rights may de- 
volve. 

The under-written Minifters of the King of Great 
Britain, and the Lords the States General, do, by 
virtue of this prefent inftrument, declare, that as his 
faid Royal Majefty of Great Britain, and the High 
and Mighty Lords the States General of the United 
Netherlands, are always accuftomed to fulfil what they 
have promifed, fo it is ftill their meaning and inten- 
tion, that in the cafes aforefaid, the Spanifli troops 
Ihall be immediately withdrawn from the dutchies of 
Tufcanyj Parma, and Placentia. 

This declaration is to be kept fecret, but isj never* 
thelefs, to be of the fame force, &c. 

Separate Article. 

WHEREAS the treaty concluded this day between 
his Imperial Catholic Majefty, his Britannic Majefty,, 
and the High and Mighty Lords the States General 
of the United Provinces of the Netherlands, could 
not be fubfcribed or figned by the Minifter of the faid 
States General refiding at the Imperial court, bccaufc, 
according to the cuftorn of the Republic, and the 
form of its government, the full powers could not be 
difpatched to the faid Minifter fo foon as was necefla- 
ry -, it is agreed between his Imperial Majefty, and 
his Royal Majefty of Great Britain, that the faid States 
Y 2. General 



-324 TREATIES WITH THE [1496 

General (there being fcveral conditions in the laid 
treaty, wherein they are .particularly concerned) fliall 
be held and reputed as a principal contracting party, 
according as they are alfo named in the laid treaty, in 
.firm hope and confidence that they would accede to 
.it, as loon as the ufual form of their government 
would admit of it. And becaufe the zeal which that 
Republic nlanifefts for eftablifhing and fecuring the 
public tranquillity, leaves their faid Majefties no ioc.m 
to doubt, that the laid Republic is defirous of becom- 
ing, as foon as may be, a principal contracting pany 
in the faid treaty, to the end flie may partake of the 
advantages therein ftipulated for her ; both their Ma- 
jefties will therefore unite their endeavours, that this 
treaty may be figned at the Hague, on the part of the 
laid States General, within the fpace of three months, 
to be computed from the day of the figning of the 
prefent treaty, or. fooner if poflible j for it appeared 
neceiTary both to his Imperial and to his Royal Bri- 
tannic Majcfty, in order to obtain the end propoll-d 
by the prefent treaty, and for completing the public 
tranquillity, that the faid States General fhould enter 
into a part and partnerlhip of the laid conventions. 

This feparate article lhall have die fame force, &c. 

A 'Declaration conceiving Eaft Friefland. 

THE States General of the United Provim < 
,the Netherlands having, upon feveral occafions, af- 
fured his Imperial and Catholic Majelly, that how 
"much foever they are interetled in the re-citublilhment 
and prelervation of die peace in their neighbour- 
hood, and by confequence that of the province of 
Eaft Friefland, it was never their intention to preju- 
'dice in the leail the dependence of the laid province 
of Eaft Fridland upon the Emperor and the Empire; 
his faid Imperial and Catholic Majcily, to give the 
States a frefh proof of his defire to oblige them, as f.u 
as is confiltent' with juftice, has been pkv.fed to i-v - 

plain 



1 743.3 AUSTRIAN NETHERLANDS. 325 

plain to them his true fentiments on that affair, and 
by that means to recover them from the fears they 
feem to have received. In order to this, no hefitation 
has been made to declare to them on his part, by the 
prefent aft, that his intention always was and ftill is, 

I. That an amnefty, which he has moft gracioufly 
granted to thofe of Embden and their adherents, lhall 
have its entire effect ; and therefore that the feveral 
pains and penalties pronounced againft thofe of Emb- 
den and their adherents, upon the fcore of their re- 
nitency (refiftance) (hall not be pup in execution. And 
as for thofe of them which have actually been execu- 
ted fmce the moft gracious acceptance of the fub- 
miflion made by the people of Embden and their ad- 
herents, the whole (hall be reftored upon the foot it 
itood before the faid fubmifTion was accepted, that is 
to fay, before the 3d of May, 1729, faving what is. 
hereafter mentioned, of an agreement to indemnify 
thofe for their lories, who were plundered during the? 
late troubles. 

II. His Imperial and Catholic Majefty having, by 
his refolution of the 1 2th of September, 1729, moft gra- 
cioufly permitted thofe of the town of Embden, and 
their adherents, to draw up a frefh account of their 
grievances, or matters wherein they thought them-r 
felves aggrieved by the decrees of 1721, and the 
years following, concerning the ground of the affairs 
upon which they differed with 'the Prince ; and the 
faid grievances having been afterwards exhibited to the 
Imperial Aulic Council, with all fubmiffion, the 

of November the fame year j his faid Majefty has al- 
ready ordained, by his moft gracious refolution of the 
3iftof Auguft, that thofe grievances Ihould be ex- 
amined as foon as poffible. And, as it has been often 
declared, it has been and ftill is his conftant deflre 3 
that they Ihould be determined and decided with all, 
the juftice and difpatch that is poflible, according to 
Che agreements^ conventions, and decifions, which, 
Y maks 



TREATIES WITH THE [1496 

fnake the particular law of the province of Eaft 
Friedand, and which are referred to in the Prince's 
reverfal letters, pafled and fworn to at his accefiion 
to the regency: provided, neverthelcfs, that under 
the denomination of thofe agreements, conventions, 
and dccifions, none be comprehended which were abro- 
gated and annulled by his Imperial Majefty's auguft 
predeceflbrs in the Empire, or which ftiike at the fu- 
preme rights of the Emperor and the Empire over 
the province of Eaft Fricfland, And his Imperial 
and Catholic Majefty, as a farther proof of his mod 
gracious intention to cut as Ihort as juftice will admit 
him, the examination of the grievances of the people 
.nbden, and their adherents, has already ordained, 
by his refolution of the 31 ft of Auguft laft year, th.it, 
as foon as the account thereof is delivered to thofe 
who are properly to take cognizance of the fame, ac- 
cording to tne tenor of the refolution above-mention- 
ed, they lhall anfwer it very foon, and once for all ; 
after which his Imperial Majefty, with the advice 
of his Imperial Aulic Council, will redrefs every com- 
plaint, article by aiticle, which fhall appear to be 
grounded on the agreements above-mentioned. 

III. It having been already ordained, purfuant to 
his Imperial and Catholic Majefty's laft refolution of 
the 3 1 ft of Auguft, 1730, that the people of the town 
of Kmbden, and their adherents, ought to be admit- 
ted into the Afiembly of the States, which is to be 
called together to deliberate freely upon the affairs 
that lie before them j his Imperial and Catholic Ma- 
jefty will take care that this refolution fhall have its 
^ntire effect, and that none of thole who have a right 
to afliit therein be excluded, contrary Jo the tenor 
of it. 

IV. As to the indemnification, his Imperial Ma- 
jeftv thinks it proper, that an account be taken of the 
damages, which, according to the tenor of the amnefty 
publifhed the in the year 1728, and of the 

refolution, 



1 743-1 AUSTRIAN NETHERLANDS. 327 

refolution of" the I2th of September, 1729, ought to 
be made good by the renitents j and that the faid ac- 
count be communicated to them, that they may make 
their objections : after which, his Imperial and Catho- 
lic Majefty will caufe the difference to be amicably 
adjufted, or, on failure of an accommodation, will, 
with the utmoft equity, fix the fum which fhall be re- 
quired to make good the damages fuftained. 

V. His Imperial and Catholic Majefty perfifts in 
the intention he always had to take particular care of 
the payment of the intereft of die fums which the 
States of Eaft Friefland, and of the town of Embden, 
have borrowed of the fubjecls of the United Provin- 
ces, as alfo of the reimburfement of the capital, ac 
cording to the engagements entered into on that ao 
count. 



FRANCE. 



' I ^HE more ancient treaties, between 
to JL England and France, which are fre- 
1632. quent and numerous, may be feen in 

Rym. F&d* vol. i. part ii. p. 50. 
vol. iii. part ii. p. 3. 
vol. iv. part iii. p. 171. 
vol. vj. part ii. p. 88. 
vol. xii. p. 690. 
vol. xv. p. 211 640, 
vol. xvi. p. 645. 
vol. xix. p. 66. 

Corps Dip. torn. vi. part. i. p. 3 1-33. 
Pap. Off.B. ii. 
Treat. 1732, vol, ii. p. 41 310. 

Y 1648. 



3-S TREATIES [1259 

1648. The treaty of Weftphalia, which is reci- 
ted by die treaty of Verfailles, in 1783, as 
one of its foundations. 

Mably, Dr. Pub. vol. i. ch. i. 

'Treat. 1732, vol. i. p. i. vol. ii.p, 

335- 

. 1785, vol. i. p. i 44. 

1655 The treaties between die Cromwells and 

to France. 
1659. Pap. OfB. 12 13 14. 

Treat. 1732, vol. iii. p. 145 199. 
Treat. 1785, vol. i. p. 81 86 93 
4 100 101. 

9 'Z t - 1 '. 

1667. The treaty between Great Britain and 
{I July. France, concluded at Bredah. 

Pap. Of. B. 17. 

.._ Treat. 1732, vol. i. p. 127. 

Treat. 1785, vol. i. p. 186. 

167^. The marine and commercial treaty ber 

4 Feb. tween Great Britain and France. 
Treat. 1685, p. 243. 
Treat. 1732, vol. i. p. 170. 
Treat. 1785, vol. i. p. 209. 

1678. The treaties of Nimeguen, between France 

1679. and the States General, in 1678, and be- 
tween France and Spain, in 1679, are reci- 
ted by the treaty of Verfailles, in 1783, as 
two of its foundations. 

Treat. 1732, vol. i. p. 193245. 
Corps Dip. vol. vii. p. 350 365. 

1 696. The treaty of peace and neutrality in 
16' Nov. America, between Great Britain and France, 
Pap. Off. B. 25. 
Treat. 1732, vol. i. p. 246. 
Treat { 1785, vol. i. p. 261. 

1697, 



1787-] WITH FRANCE. 329 

1697. The treaty of peace between Great Bri- 
4 1- Sept, tain .and France, concluded at Ryfwick; 

which lee at p. 332. 

Pap. Off. B. 26. 

Treat. 1732, vol. i. p. 302. 

Treat. 1785, vol. i. p. 299. 

1698. The treaty, ufually called the Firfi Parti- 
j<?Aug. tion Treaty, between Great Britain, France, 

and the States General. 

Treat. 1732, vol. i. p. 386. 
Treat. 1.785, vol. i. p. 305. 

1700. The treaty, ufually called the Second Par- 
2 1 Feb. tition Treaty y between Great Britain, France, 
and the States General, with the feparate 
and fecret articles. 

Pap. Oj^B.28. 

Treat. 1732, vol. i. p. 407. 

Treat. 1785, vol. i. p. 319. 

1713. The treaty of peace and friendlhip be- 
31 Mar. tween Great Britain and France, concluded 
: -"~7 at Utrecht. 

Pap. Off. B. 31-732. 

Treat. 1732, vol. iii. p. 398. 

Treat. 1785, vol. ii. p. 5. 

1713. The treaty of navigation and commerce, 
3 1 Mar. between Great Britain and France, concluded 

7 at Utrecht. 

Pap. Off. B. 34. 

Treat. 1732, vol. iii. p. 440. 

Treat. 1785, vol. ii. p. 40. 

1714. . The treaty of BADEN, between the Em- 
7 Sept. peror and France, is recited by the treaty of 

Verfailles, in 1783, as one of its founda- 
tions, 

Treat. 1732, vol. iv. p. 358. 

Rouffet, Rfcueil, vol. i. p. i. 

1717- 



TREATIES [1259 

1717. The treaty of defenfive alliance, between 
.11. Great Britain, France, and the States Gene- 
ral, which was concluded at the Hague, 
and which isufually called The TRIPLE AL- 
LIANCE. Pap. Off. B. 37. 

'Treat. 1 732, vol. iv. p. 39. 
'Treat. 1785, vol. ii. p. 185. 
Roujjel, RecueilHtfloriqitey torn. i. p. 8 9. 

1718. The QUADRUPLE ALLIANCE, between 
11 July Great Britain, the Emperor, France, and the 
"""T States General, with the feparate and fecret 

U &* articles, which is printed before, page 257, 
under the head of The AUSTRIAN NETHER- 
LANDS. 

Pap. Off. B. 44. 
Treat. 1732, vol. iv. p. 53. 
'Treat. 1785, vol. ii. p. 199. 
Rouflet t Recueil Iliftcrique, torn. i. p. 
1 80. 

T - 1 1 . The treaty of defenfive alliance, between 
jejune. Great Britain, France, and Spain, with the 
feparate articles, concluded at Madrid. 
Pap. Off. B. 50. 
tfreat. 1732, vol. iv. p. 123. 
'Treat. 1785, vol. ii. p. 268. 

1721. The triple defenfive alliance, between 
13 June. Great Britain, France, and Spain, with the 
feparate article, concluded at Madrid, 
Pap. Off. B. 53, 

1725. The treaty between Great Britain, France^, 
3 Sept. and PrufTia, concluded at Hanover. 
Pap. Off. B. 58. 
Rouffety Recueil Hiftorique 3 torn. ii. p % 

189. 

'Treat. 1732, vol. iv. p. 146. 
treat. 1785^0!. ii. p, 274. 



1787.] WITH FRANCE. 331 

1727. The defenfive treaty, between Great Bri- 
1 6 Apr. tain, France, and Denmark, concluded at 
(Copenhagen. 

Pap. Off.R. 62. 

Rou/et, Recueil Hi/tongue, torn. iv. p. 

244. 

Treat. 1732, vol. iv. p. 167. 
'Treat. 1785, vol. ii. p. 295. 

1729. The treaty of peace, union, and mutual 
g NOV. defence, with the feparate and fecret articles, 
between Great Britain, France, and Spain, 
concluded at Seville. 

Pap. Off. B. 64. 

Rouffet, Recueil ITiftorique> torn, v. 

part. ii. p. i . 

'Treat. 1732, vol. iv. p. 201. 
Treat. 1785, vol. ii. p. 306. 

3738. The treaty of VIENNA, between the Em- 
peror and other Powers, is recited by the 
treaty of Verfailles, in 1783, as one of its 
foundations. 

Mably, Dr. Pub. vol. iii. p. 57. 

1748. The treaty of peace, with the feparate and 
fj Q6t. fecret articles, between Great Britain, France, 
and the States General, concluded at Aix-la* 
Chapelle. 

P<p. Off. B. 76. 

Treat, 1785, vol. ii. p. 370. 

1763. The definitive treaty of peace, between 
jo Feb. Great Britain, France, and Spain, concluded 
t Paris. 

Treat, 1785, vol. ui. >, 177. 

17*3* 



332 TREATIES [1259 

1783. The treaty of peace, between Great Bri- 
3 Sept. tain and France, concluded at Verfailles. . 
Treat. 1785,^0!. iii. p. 354. 

1786. The treaty of navigation and commerce, 
26 Sept. between Great Britain and France, con- 
cluded at Verfailles. 

1787. '/he convention bctw'een Great Britain 
15 Jan. and France, concluded at Verfailles. 

1787. The convention between Great Britain 
31 Aug. and France, concluded at VerfaiUes. 

[The TREATY OF RYSWICK, is printed from the copy 
which was publifhed by authority in 1697.] 

Tbe Articles of Peace between the moft Serene and 
Mighty Prince William tbe Third, King of Great 
Britain, and tbe mojl Serene and Migbty Prince 
Lewis tbe Fourteenth, tbe moft Chriftian King, >-w- 
cluded in tbefioyal Palace at Ryfwick,4fc ~ Day 
of September, 1697. 

I. THAT there be an univerfal perpetual peace, 
and a true and fincere friend/hip, between the moft 
Serene and Mighty Prince William the Third, King 
of Great Britain, and the moft Serene and Mighty 
Prince Lewis the Fourteenth, the moft Chriftian King, 
their heirs and fucceflbrs, and between the kingdoms, 
ftates, and fubje&s of both ; and that the fame be- fo 
fincerely and inviolably obferved and kept, that the 
one (hall promote the intereft, honour, and advantage 
of the other, and that on both fides a faithful neigh- 
bourhood, and true obfervation of peace and friend - 
Ihip, may daily flourifii and increafe. 

II. That all enmities, hoftilities, difcords, and wars, 
between the faid King of Great Britain and the moil 
Chriftian Xing, and their fubjects, ceafe and be abo- 
Jifhed, fo that on both fides they forbear and abftain, 

hereafter 






1787-] wifH FRANCE. 33 3 

hereafter from all plundering, depredation, harm-do- 
ing, injuries, and infeftation whatfoever, as well by 
land as by fea, and on frelh waters, every where j and 
cfpecially throughout all the kingdoms, territories, do* 
minions, and places^ belonging to each other, of what 
condition foever they be. 

III. That all offences, injuries, damages, which 
the faid King of Great Britain and his fubjects, or the 
faid moil Chriftian King and his fubjecls, have fuf- 
fered from each other during this war, fhall be forgot- 
ten, fo that neither on account of them, or for any 
other caufe or pretence, neither party, or the fubjecls 
of either, fhall hereafter do, caufe, or fuffer to be done, 
any hoftilky, enmity, moleftation, or hinderance to the 
other, by himfelf or others, fecretly or openly, directly 
or indirectly, by colour of right or way of fact. 

IV. And fmce the moft Chriftian King was never, 
more defirous of any thing, than that the peace be firm 
and inviolable, the faid King promifes and agrees, for 
himfelf and his fucceffors, that he will on no account 
whatfoever difturb the faid King of Great Britain in 
the free poffeffion of the kingdoms, countries, lands, 
or dominions which he now enjoys ; and therefore 
engages his honour, upon the faith and word of a 
King, that he will not give or afford any affiftance, 
directly or indirectly, to any enemy or enemies of the 
laid King of Great Britain ; and that he will in no 
manner whatfoever favour the conspiracies or plots 
which any rebels, or ill-difpofed perfons, may in any 
place excite or contrive againft the faid, King; and 
for that end promifes and engages, that he will not 
affift with arms, ammunition, fhips, provifions, or mo- 
ney, or in any other way, by fea or land, any perlbn 
or perfons, who fhall hereafter, under any pretence 
whatfoever, difturb or moleft the faid King of Great 
Britain in the free and full poffeffion of his king- 
doms, countries, lands, and dominions. The King 
of Great Britain likewife promifes and engages, for 

himfelf 



334 TREATIES [1259 

himfelf and fucceffbrs, Kings of Great Britain, that he 
will inviolably do and perform the fame towards the 
faid moft Chriftian King, his kingdoms, countries, 
lands, and dominions. 

V. That there be a free ufe of navigation and com- 
merce between the fubjefts of both the faid Kings, as 
was formerly in the time of peace, and before the 
declaration of the late war, fo that every one of them 
may freely come into the kingdoms, marts, ports, and 
rivers of either of the faid Kings with their merchan- 
dizes, and may there continue and trade without any 
moleftation, and ihali ufe and enjoy all liberties, im- 
munities, and privileges, granted by folemn treaties 
and ancient cuftom. 

VI. That the ordinary adminiftration of juftice 
fhall be reftored and fet open, throughout the king- 
doms and dominions of both Kings, fo that it fhall be 
free for all the fubjefts of either, to claim and obtain 
their rights, pretenfions, and actions, according to the 
laws, conftitutions, and ftatutes of each kingdom. 

VII. The moft Chriftian King fhall reftore to the 
faid King of Great Britain, all countries, iflands, forts, 
and colonies, wherefoever fituated, which the Englifh 
did poffefs before the declaration of this prefent war. 
And in like manner the King of Great Britain fhall 
reftore to the moft Chriftian King all countries, iflands, 
forts, and colonies, wherefoever fituated, which the 
French did poflefs before the faid declaration of war; 
and this reftitution fhall be made, on both fides, within 
the fpace of fix months, or fooner if it can be done. 
And to that end, immediately after the ratification of 
this treaty, each of the faid Kings fhall deliver, or 
caufe to be delivered, to the other, or to commifilon- 
ers authorized in his name for that purpofe, all afts 
of conceffion, inftruments, and necefikry orders, duly 
made and in proper form, fo that they may have 
their efTec!;. 

VIII. Com- 



I7&7-] WITH FRANCE. 33S 

^ VIII. Commiffioners fhall be appointed on both 
fides, to examine and determine the rights and preten- 
fions which either of the faid Kings hath to the places 
fituated m Hudfon's Bay; but the poffeffion of thofe 
places which were taken by the French, durino- the 
peace that preceded this prefent war, and were reta- 
ken by the Englilh during this war, fhall be left to the 
French, by virtue of the foregoing article. The ca- 
pitulation made by the Englifh on the fifth of Sep- 
tember, 1696, fhall be obferved, according to its form 
and tenor; the merchandizes therein mentioned fhall 
be reftored ; the governor of the fort taken there fhali 
be fet at liberty, if it be not already done; the dif- 
ferences arifen concerning the execution of the faid 
capitulation, and the value of the goods there loft, 
fhall be adjudged and determined by the faid commif- 
fioners ; who, immediately after the ratification of the 
prefent treaty, fhall be inverted with fufficient autho- 
rity for fettling the limits and confines of the lands to 
be reftored on either fide, by virtue of the foregoing 
article, and likewife for exchanging of lands, as & may 
conduce to the mutual intereft and advantage of both 
Kings. 

And to this end the commiffioners fo appointed 
fhall, within the fpace of three months from the time 
of the ratification of the prefent treaty, meet in the 
city of London, and within fix months, to be reckoned 
from their firft meeting, fhall determine all differences 
and difputes which may arife concerning this matter ; 
after which, the articles the faid commiffioners fhall 
agree to, fhall be ratified by both Kings, and fhall 
have the fame force and vigour as if they were infeited 
word for word in the prefent treaty. 

IX. All letters, as well of reprifal as of marque 
and counter- marque, which hitherto have for any 
caufe been granted on either fide, fhall be and remain 
null and void; nor fhall any the like letters be here- 
after granted by either of the faid Kings againft the 
fubjects of the other, unlefs it be firft made mani- 

feft 



* TREATIES 

feft that Bright hath been denied ; and it fliall not be- 
taken for a denial of right, unlefs .the petition of the* 
pc i ion, who dcfircs letters of rcprifal to be granted to 
him, be firll flic v, n to the minitler refiding there on 
the pait of the King againlt v.-holc fubjedts thofe let- 
ters are defired -, that within the fpacc of four months, 
or fooner, he may inquire into the contrary, or pro- 
cure that fadsfadtion be made with all fpeed from the 
party offending to die complainant. But if the King 
againft whofe fubjedts reprifals are demanded, 
no minifter refiding there, letters of rcprifal fliall not 
b<- granted, till after the fpace of four months, to IK 
itckoned from the day on which his petition was made 
and preiented to the King againft whofe lubjects re- 
prifals are defired, or to his privy council. 

X. For cutting off all matter of difputc and con- 
tention, which may arife concerning the refthution of 
Ihips, merchandizes, and other movcable goods, which 
either party may complain to be taken and del 
from the other, in countries and on coalls far dif- 
-tant, after the peace is concluded, and before it be no- 
tified there ; all Ihips, merchandizes, and other move- 
able goods, which fliall be taken by either fide, after 
the iigning and publication of the prelent treaty, within 
the fpace of twelve days in the Biitifli and Nortl: 
as far as the Cape St. Vincent;- within the fj>. 
ten weeks beyond the laid Cape, and on this fide ot 
the Equinoctial 1 ,ine or Equator, as well in the ocean 
and. Mediterranean fca as elfewhere; laftly, within the 
fpace of fix months beyond the faid Line, throughout 
the whole world, fliall belong and remain unto the 
pofieflbrs, without any exception or further diftindtion 
of rime or place, or any confideration to be had of 
rcftitution or compcnfation. 

Xf. But if it happens, through inadvertency or im- 
prudence, or any other caule whatever, that any fub- 
ject of either of the laid two Kings fliall do or com- 
mit any thing, by land or lea, or on frcfh water, any 
i where, 



1787.] WITH FRANCE. 337 

where, contrary to the prefent treaty, or that any par- 
ticular article thereof is not fulfilled ; this peace and 
good correfpondence between the faid two Kings fhall 
not on that account be interrupted or infringed, but 
fhall remain in its former force, ftrength, and vigour, 
and the faid fubject only fhall anfwer for his own fact, 
and undergo the punifhment to be inflicted, according 
to the cuftom and law of nations. 

XII. But if (which God forbid) the differences now 
compofed between the faid Kings fhould at any time 
be renewed, and break out into open war, the fhips, 
merchandizes, and all kind of moveable goods of ei- 
ther party, which fhall be found to be and remain 
in the ports and dominions of the adverfe party, fhall 
not be confifcated or brought under any inconveni- 
ency, but the whole fpace of fix months fhall be al- 
lowed to the fubjects of both of the faid Kings, that 
they may carry away and tranfport the forefaid goods, 
and any thing elfe that is theirs, whither they fhall 
think fit, without any moleftation. 

XIII. For what concerns the principality of Orange, 
and other lands and dominions belonging to the faid 
King of Great Britain, the feparate article of the 
treaty of Nimeguen, concluded between the moft 
Chriftian King and the States General of the United 
Provinces, the lothday of Auguft, 1678, fhall, ac- 
cording to its form and tenor, have full effect, and all 
things that have been innovated and altered fhall be 
reftored as they were before. All decrees, edicts, and 
other acts, of what kind foever they be, without ex- 
ception, which are in any manner contrary to the faid 
treaty, or were made after the conclufion thereof, fhall 
be held to be null and void, without any revival or 
confequence for the future: and all things fhall be 
reftored to the faid King in the fame ftate, and in the 
fame manner, as he held and enjoyed them before he 
was difpoffeffed thereof in the time of the war which 
was ended by the faid treaty of Nimeguen, or .jvhich 

VOL. I. Z he 



^REATIES [1259 

he ought to have held and enjoyed according to the 
faid treaty. And, that an end maybe put to ail trou- 
ble, differences, proceflfes, and queltions, which may 
arife concerning the fame, b"t!i the laid Kin^s will, 
name commifiioners, who, w,idi full and fummaiy pow- 
er, may compofe and fettle all thefc matters. And 
forafmuch as, by the authority of the mod Chriftian 
King, the King of (treat Britain was hindered from 
enjoying the revenues, rights, and profits, as well of 
his principality of Orange, as of other his dominions, 
which, after the condufion of the treaty of Nimegtien, 
until the declaratiori of flic prelent war> were under 
the power of the faid moft Chriftian King, the faid 
moft Chriftian King will reftore, and caufe to Iv 
ftored in reality, with effect, and with the intere.lt due, 
all thofe revenues, rights, and profits, according to the 
declarations and verifications that ihall be made be- 
fore the faid commiflioners. 

XIV. The treaty of peace concluded between the 
moft Chriftian King, and the late Eledtor of Bran- 
denburgh, at St. Germains in Laye, the 29th of June, 
1679, ihall be reftored in all its articles, and remain 
in its former vigour between his Sacred moft Chrif- 
tian Majefty, and his Electoral Highnefs of Bran- 
denburgh. 

XV. Whereas it wilj greatly conduce to the pub- 
lic tranquillity, that the treaty be obfcrved, which was 
concluded between his Sacred moft Chriftian Majel- 
ty, ajid his Royal Highnefs of Savoy, on the 9th of 
Auguft, 1696, it is agreed that the faid treaty ihall be 
confirmed by this article. 

XVI. Under this prefent treaty of peace fhall be 
comprehended thofe who ihall be named by either 
party, with common confent, before the exchange of 
ratifications, or within fix months after. But in the 
mean time, the moft Serene and Mighty Prince Wil- 
liam, King of Great Britain, and the moft Serene 
ind Mighty Prince Lewis, the moft Chriftian King, 

gratefully 



1 7 87.] w IT H F R A -N G F, 

gratefully acknowledging; the fincere offices and inde- 
fatigable endeavours, which have been employed by 
the moft Serene and Mighty Prince Charles King of 
Sweden, by the interpofition of his mediation, in bring- 
ing this happy work of the peace, with the Divine af- 
fiftance, to the defired conclufion ; and to fheSv the 
like affection to him, it 1 is by confent of all parties 
ftipulated and agreed, that his laid Sacred Royal Ma- 
jefty of Sweden fhall, with all his kingdoms, coun- 
tries, provinces, and rights, be included in this treaty, 
and comprehended, in the bell manner, in the prefent 
pacification. 

XVII. Laftly, The folemn ratifications of this pre- 
fent agreement and alliance, made in due form, fhall 
be delivered on both fides, and mutually and duly ex- 
cnanged at the royal palace of Ryfwick, in the pro- 
vince of Holland, within the fpace of three weeks, to 
be reckoned from the day of the fubfcription, of fooner 
if it may be. 

In teftimony of all and every the things before men- 
tioned, and for their greater force, arid to give 
them all the vigour and full authority they ought 
to have, the under-written Ambaffadors Extra- 
ordinary and Plenipotentiaries, together with the 
Illuftrious and moft Excellent the Extraordinary 
Ambafiador Mediator, have figned and fealed the 
prefent inftrument of peace. Done, &:c. 

Signed by the Englifh and French Arhbafladors, and 
by the Mediator. 

Separate Article. 

BESIDES all that is concluded and ftipulated by the 
treaty of peace figned' this prefent day, the; aoth of 
September, it is moreover agreed by the prefent fe- 
parate article, which fhall have the fame force and. 
effect as if it was inferted word for word in the faid 
treaty, that the moft Chrlftian King lhall covenant 
Z 2 and 



540 TREATIES [1259 

and agree, and by the prefent article he does cove- 
nant and agree, that it fhall be free for the Emperor 
and the Empire, until the firft day of November 
next, to accept the conditions of peace lately propo- 
fed by the molt Chriftian King, according to the de- 
claration made on the firft day of this prefent month, 
unlcfs -in the mean time it fhall be otherwife agreed 
between his Imperial Majefty and the Empire, and 
his moft Chriftian Majefty. And in cafe his Impe- 
rial Majefty does not, within the time prefixed, accept 
thofe conditions, or that it be not otherwife agreed 
between his Imperial Majefty and the Empire, and 
his moft Chriftian Majefty, the faid treaty fhall have 
its full effect:, and be duly put in execution accor- 
ding to its form and tenor : and it fhall not be law- 
ful for the King of Great Britain, directly or indi- 
rectly, on any account or caufe whatfoever, to act 
contrary to the faid treaty. 



[The TgEATY OF UTRECHT, is printed from the copy 
which was publifhed by authority in 1713.] 

The Treaty of Peace and Friendjbi-p between the rnojl 
Serene and moft Potent Princejs Anne, by the grace 
of God t Queen of Great Britain, France, Wire- 
land, and tbt moft Serene and moft Potent Prince 
J ,ewis the XlVth, the mojl Cbrijlian King, concluded 
at Utrecht, tbe ^ day */, 1713. 

WHEREAS it has pleafed Almighty God, for 
the glory of his name, and for the univerfal welfare, fo 
to direct the minds of Kings for the healing, now in his 
own time, the miferies of the wafted world, that they 
are difpofed towards one another with a mutual defire 
of making peace : be it therefore known to all and fin- 
gular whom it may concern, that under this Divine 
guidance, the moft Serene and moft Potent Princefc 
and Lady Anne, by the grace of God, Queen of. 

* " Great 



1787.] WITH FRANCE. 341 

Great Britain, France, and Ireland, and the moft 
Serene and moft Potent Prince and Lord Lewis the 
XlVth, by the grace of God, the moft Chriftian 
King, consulting as well the advantage of their fub* 
jects, as providing (as far as mortals are able to do) 
for the perpetual tranquillity of the whole Chriftian 
world, have refolved at laft to put an end to the war, 
which was unhappily kindled, and ha been obftinately 
carried on above thefe ten years, being both cruel and 
deftruftive, by reafon of the frequency of battles, and 
the effufion of Chriftian blood. And for promoting 
this their royal purpofe, of their own proper motion, 
and from that paternal care which they delight to ufe 
towards their own fubjects, and the public weal of 
Chriftendom, have nominated and appointed the moft 
noble, illuftrious, and excellent Lords, their Royal 
Majefties refpective Ambafladors Extraordinary and 
Plenipotentiaries, viz. her Sacred Royal Majefty of 
Great Britain, the Right Reverend John, by Divine 
permifiion, Bifhop of Briftol, Keeper of the Privy 
Seal of England, one of her Majefty's Privy Council, 
Dean of Windfor, and Regifter of the moft Noble 
Order of the Garter j as alfo the moft Noble, Illuf- 
trious, and Excellent Lord, Thomas Earl of Strafford, 
Vifcount Wentworth of Wentworth Woodhoufe, and 
Stainborough, Baron of Raby, one of her Majefty's Privy 
Council, her Ambafiador Extraordinary and Plenipo- 
tentiary to the High and Mighty Lords the States 
General of the United Netherlands, Colonel of the 
Royal regiment of Dragoons, Lieutenant General of 
her Majefty's forces, firft Lord Commifiioner of the 
Admiralty of Great Britain and Ireland, and Knight 
of the moft Noble Order of the Garter j and his Sa- 
cred Royal moft Chriftian Majefty, the moft Noble, 
Illuftrious, and Excellent Lords, Nicolas, Marquis 
of Huxelles, Marfhal of France, Knight of the King's 
Orders, and Lieutenant General of the dukedom of 
Burgundy; and Nicolas Mefnager, Knight of theKing's 
Order of St. Michael: and have furnifhed the faid 
Z 3 Ambaf- 



TREATIES [, S59 

Ambafiadors Extraordinary with full and ample power 
to treat, agree of, and c< include a firm and latling 
peace between their Royal Majefties. Wherefore the 
aforefaid AmbafTadors, after divers and important 
cbnfultations had in the congrcfs held at Utrecht for 
that purpofe, having at length overcome, without the 
intervention of any mediator, all the obllacles which 
hindered the end of fo wholetbme a defign, and having 
invoked the Divine afiiftance, that God would be. 
pleafed to preferve this their work intire and unviolated, 
and to prolong ijt to the lateft pofterity, after having 
mutually communicated and duly exchanged their 
full powers (copies whereof are inferted word for word 
at the end of this inftrument) they have agreed on the 
reciprocal conditions of peace and friendihip between 
their above-mentioned Majefties, and their people and 
fubjecbs, as follows:. 

I. That there be an univerfal perpetual peace, and 
a true and fincere friendftiip, between the moft Serene 
and mod Potent Princefs Anne, Queen of Great 
Britain, and the moft Serene and moft Potent Prince 
Lewis the XlVth, the moft Chriftian King, and their 
heirs and fucceflbrs, as alfo the kingdoms, ftates, and 
itibjefts of both, as well without as within Europe ; 
and that the fame be fo fincerely and inviolably pre- 
ferved and cultivated, that the one do promote the in- 
trreft, honour,, and advantage of the other, and that 
a faithful neighbourhood on all fides, and a fccurc 
cultivating of peace and friendfliip, do daily flourifh 
again and increafe. 

II. That all enmities, hoftilities, difcords, and wars, 
between the faid Queen of Great Britain and the 
faid moft Chriftian King, and their fubjects, do ceale 
and be "abolished, fo that on both fide* they do wholly 
refrain and deiift from all plundering, depredation, 
harm-doing, injuries, and annoyance whatloevcr, as 
well by land, as by fea and firfh waters, in all parts of 
tLe world, and chiefly through all traces, dominions, 

and 



1787-] WITH FRAKtE. 343. 

and places of what kind foever, of the kingdoms, 
countries, and territories of either fide. 

III. All offences, injuries, harms, and damages, 
which the aforefaid Queen of Great Britain, and her 
fubjects, or the aforefaid moft Chriftian King, and his 
fubjecrs, have fuffered the one from the other, during 
this war, fhall be buried in oblivion, fo that neither 
on account, or under pretence thereof, or of any other 
thing, fhall cither hereafter, or the fubjefts of either, 
do or give, caufe or fuffer to be done or given, to the 
other, any hoflility, enmity, moleftation, or hinderance, 
by themfelves or by others, fecretly or openly, directly 
or indirectly, under colour of right, or by way of fact. 

IV. Furthermore, for adding a greater ftrength to 
the peace which is reftored, and to the faithful friendfhip 
which is never to be violated^ and for cutting oif all 
occafions of diftruft, which might at any time arife 
from the eftabliilied right and order of the hereditary 
fuccefTion to the crown of Great Britain, and the limi- 
tation thereof by the laws of Great Britain (made and 
enacted in the reigns of the late King William the Third, 
of glorious memory, and of the prefent Queen) to the 
iffue of the abovefaid Queen, and in default thereof^ 
to the moft Serene Princefs Sophia, Dowager of Brunfr 
wic-Hanover, and her heirs in the Proteftant line of 
Hanover. That therefore the faid fucceffion may 
remain fafe and fecure, the moft Chriftian King fm- 
cerely and folemnly acknowledges the abovefaid limi- 
tation of the fucceflion to the kingdom of Great Bri- 
tain, and on the faith and word of a King, on the 
pledge of his own and his fuccelTors honour, he does 
declare and engage, that he accepts and approves the 
fame, and that his heirs and fucceflbrs do and Ihall ac* 
cept and approve the lame for ever. And under the 
fame obligation of the word and honour of a King, the 
molt Chriftian King promifes, that no one befides the 
Queen herfelf, and her fucceffors, according to the feries 
of the faid limitation, fhall ever by him, or by his heirs OP, 
fucceiTors, be acknowledged or reputed to be King or 

Z 4 Queen 



344 TREATIES [1259 

Queen of Great Britain. And for adding more ample 
credit to the faid acknowledgment and promifes, the 
moft Chriftian King does engage, that whereas the per- 
fbn who, in the life-time of the late King James the Se- 
cond, did take upon him die tide of Prince gf Wales, 
and fince his deceafe, that of King of Great Britain, 
is lately gone, of his own accord, out of the kingdom 
pf France, to refide in fome other place, he the afore- 
faid moft Chriftian King, his heirs and fucceflbrs, will 
take all poflible care that he fhall not at any time here- 
after, or under any pretence whatsoever, return into 
the kingdom of France, or any the dominions thereof. 

V. Moreover, the moft Chriftian King promifes, 
as well in his own name, as in that of his heirs and 
fycceflbrs, that they will at no time whatever difturb 
or give any moleftation to the Queen of Great Britain, 
her heirs and fucceflbrs, defcended from the aforefaid 
Proteftant line, who poflefs the crown of Great Bri- 
tain, and the dominions belonging thereunto. Neither 
will the aforefaid moft Chriftian King, or any one of his 
heirs, give at any time any aid, fuccour, favour, or 
counfcl, directly or indirectly, by land or by fea, in 
money, arms, ammunition, warlike provifion, (hips, 
foldicrs, fcamcn, or any other way, to any perfon or 
perfons, whofoever they be, who for any caufe, or 
under any pretext whatsoever, fhould hereafter endea- 
vour tooppofe the faid fucceffion, either by open war, 
or by fomenting Hditicns and forming confpiracies 
againft fuch Prince or Princes who are in poficflion of 
the throne ( f Qreat Britain, by virtue of the acts of 
parliament afore-mentioned, or againft that Prince or 
Princcfc to whom the fuca flion to the crown of Great 
Britain (hall be open, according to the faid acts of 
parliament. 

VI. Whereas the moft deftructive flame of war, 
which is to be extinguifhed by this peace, arofe chiefly 
from thence, that the fecurity and liberties of Europe 
could by no means bear the union of the kingdoms of 

- France 



1787-:! WI-TH -FRANCE. 345 

France and Spain under one- and the fame King ; and 
whereas it has at length been brought to pafs, by the 
affiftance of the Divine Power, upon the moft earneft 
inftances of her Sacred Royal Majefty of Great Bri- 
tain, and with the confent both of the moft Chriftian 
and of the Catholic King, that this evil fhould in all 
times to come be obviated, by means of renunciations 
drawn in the moft effectual form, and executed in the 
moft folemn manner, the tenor whereof is as follows: 

Letters Patents by the KING? 

Which admit the Renunciation of the King of Spain 
to the Crown of France, and thofe of M. the Duke 
of Berry, and of M. the Duke of Orleans, to the 
Crown of Spain. 

LEWIS, by the grace of God, King of France 
and Navarre : to all people prefent and to come, greet- 
ing. During the various revolutions of a war, wherein 
we have fought only to maintain the juftice of the rights 
of the King, our moft dear, and moft beloved grand- 
fon, to the monarchy of Spain, we have never ceafed 
to defire peace. The greateft fuccefTes did not at all 
dazzle us, and the contrary events, which the hand of 
God made ufe of to try us, rather than to deftroy us, 
did not give birth to that defire in us, but found it 
there. But the time marked out by Divine Providence, 
for the repofe of Europe, was not yet come j the dif- 
tant fear of feeing one day our crown, and that of Spain, 
upon the head of one and the fame Prince, did always 
make an equal imprefiion on the Powers which were 
united againft us; and this fear, which had been the 
principal caufe of the war, feemed alfo to lay an infu- 
perable obftacle in the way to peace. At laft, after 
many fruitlefs negotiations, God being moved with 
the fufferings and groans of fo many people, was 
pleafed to open a furer way to come at fo difficult a 
peace. But the fame alarms ftill fubfifting, the firft 
2nd principal condition, which was propofed to us by 

our 



TREATIES I-T259 

our moft dear and mod beloved filler the Quern of 
Great Britain, as the eifcntial nnd neceflfary fxnmdurion 
of creating, was, that the King of Spain, our faid bro- 
ther and grandfon, keeping the monarchy of Spain 2n4 
of the Indies, fhould renounce for himfelf and his 
defendants for ever, the rights which his birth might 
at any time give him and them to our crown ; that on 
the other hand, our moft dear and moft beloved grand- 
fon the Duke of Berry, and our moft dear and moft 
beloved nephew the Duke of Orleans, fhould likewife 
renounce, for themfelves, and for their defendants, 
male and female for ever, their rights to the monarchy 
of Spain and the Indies. Our laid litter canfed it to 
be reprefented to us, that without a formal and po- 
fitive aflurance upon this point, which alone could be 
the bond of peace, Europe would never be at reft; all 
the Powers which lhare the fame being equally per- 
fuaded, that it was for their general intereft, and f< >r 
their common fccurity, to continue a war, whereof 
no one could foreiee the end, rather than to be cxpofed 
to behold the fame Prince become one day mailer of 
two monarchies fo powerful as thofe of France and 
Spain. But as this Princels (whofe indefatigable zeal 
for re-cftablifhing the general tranquillity we cannot 
fufficiently praifc) was fenfible of all the rcluc'lancy we 
had to confent that one of our children, fo worthy to in- 
herit the fucceffion of our forefathers, fhould neceflarily 
be excluded from it, if the misfortunes, wherewith it has 
pleafed God to afflift us in our family, fhould more- 
over tal^e from us, in the pcrfon of the Dauphin, our 
moft dear and moft beloved great grandfon, the only re- 
mainder of thofe Princes which our kingdom has fo 
juftly lamented with us; fhe entered into our pain, and 
after having jointly fought out gentler means of fecur- 
ing the peace, we agreed with our faid fifter to propofe 
to the King of Spain other dominions, inferior, indeed, 
to thofe which he poflefles, yet the value thereof would 
fo much the more increafe under his reign, iriafmuch 
as in that cafe he would preserve his rights, and annex 

to 



3787-] WI.TH FRANCE. 747 

to our crown a part of the faid dominions, if lie came 
one time or other to fucceed us. We employed there- 
fore the ftrongeft reafons to perfuade him to accept 
this alternative. We gave him to underftand, that 
the duty of his birth was the firft which he ought to 
confult; that he owed himfelf to his houfe, and to his 
country, before he was obliged to Spain ; that if he 
were wanting to his firft engagements, he would per- 
haps one day in vain regret his having abandoned thofe 
rights which he would be no more able to maintain. 
We added to thefe reafons, the perfonal motives of 
friendship and of tender love, which we thought likely 
to move him ; the pieafure we fhould have in feeing 
him from time to time near us, and in patting ibme 
part of our days with him, which we might promife 
ourielves from the neighbourhood of the dominions 
that were offered him, the fatisfaction of inlr.ruc~t.ing 
him ourfeives concerning the ftate of our affairs, and 
of relying upon him for the future -, fo that, if God 
fhould prefcrve to us the Dauphin, we could give our 
kingdom, in the perfon of the King our brother and 
grandfon, a regent inftru&ed in the art of government; 
and that if this child, fo precious to us and to our fub- 
jecls, were alfo taken from us, we fhould at leaft have 
die coniblation of leaving to our people a virtuous 
King, fit to govern them, and who would likewife 
annex to our crown very confiderabie dominions. Our 
inftances, reiterated with all the force, and with all 
the tender affection neceffary to perfuade a fon, who fb 
juftly deferves thofe efforts which we made for pre- 
ierving him to France, produced nothing but reiterated 
refufals on his part, ever to abandon fuch brave and 
faithful fubjects, whofe zeal for him had been diftin- 
guifhed in thofe conjunctures when his throne feemed 
to be the moft fliaken. So that, perfifting witli an 
invincible firmnefs in his firft refolution, afferdng like- 
wife, that it was more glorious and more advantage- 
ous for our houfe, and for our kingdom, than that 
which we prefTed him to take, he declared in the meet- 
3 ing 



34 8 TREATIES [1259 

ing of the States of the kingdom of Spain, aflembled 
at Madrid for that purpofe, that for obtaining a ge- 
neral peace, and fecuring the tranquillity of Europe 
by a balance of power, he of his own proper motion, 
of his own free will, and without any conftraint, re- 
nounced for himfelf, for his heirs and fuccefibrs for 
ever and ever, all pretenfions, rights, and titles, which 
he or or any of his defcendants have at prefent, or 
may have at any time to come whatfoevcr, to the fuc- 
ceflion of our crown; that he held for excluded there- 
from, himfelf, his children, heirs, and descendants for 
ever; that he confcnted for himfelf and for them, 
that now, as well as then, his right, and that of his 
defcendants, fhould pafs over and be transferred to 
him among the Princes whom the law of fucceflion 
and the order of birth calls or ftiall call to inherit 
our crown, in default of our faid brother and grandfon 
the King of Spain, and of his defcendants, as it is 
more amply fpecified in the acl of renunciation ap- 
proved by the States of his kingdom; and confequently 
he declared, that he defifted particularly from the right 
which hath been added to that of his birth by our 
letters patents of the month of December, 1700, 
whereby we declared, that it was our will that the King 
of Spain, and his defcendants, fhould always prefervc 
the rights of their birth and original, in the faint: 
manner as if they refided actually in our kingdom ; 
and from the regiflry which was made of our faid 
letters patents, both in our court of parliament, and 
in our chamber of accounts at Paris. We are fen- 
fible, as King, and as Father, how much it were to be 
defired that the general peace could have been con- 
cluded without a renunciation, which makes fo great 
a change in our Royal Houfe, and in the ancient order 
of fucceeding to our crown ;. but we are yet more 
fenfible how much it is our duty to fecure fpcedUy to 
our fubjects a peace, which is fo necefiary for them. 
We (hall never forget the efforts which they made for 
us during the long continuance of a war which we 

could 



1787-] WITH FRANCE. 349. 

could not have fupported if their zeal had not been 
much more extenfive than their power. The welfare 
of a people fo faithful, is to us a fupreme law, which 
ought to be preferred to any other consideration. It 
is to this law that we this day facrifice the right of a 
grandibn who is fo dear to us, and by the price which 
the general peace will coft our tender love, we fhall 
at leaft have the comfort of fhewing our fubjects, that, 
even at the expence of our blood, they v/ill always keep 
the firft place in our heart. 

For thefe caufes, and other important confiderations 
us thereunto moving, after having feen in our council 
the faid act of renunciation of die King of Spain, our 
faid brother and grandfon, of the fifth of November 
laft, as alfo the acts of renunciation which our faid 
grandibn the Duke of Berry, and our faid nephew 
the Duke of Orleans, made reciprocally of their rights 
to the crown of Spain, as well for themfelves as for 
their defcendants, male and female, in confequence of 
the renunciation of our faid brother and grandfon the 
King of Spain, the whole hereunto annexed, with a 
copy collated of the faid letters patents of the month 
of December, 1700, under the counter-feal of. our 
chancery, of our fpecial grace, full power, and Royal 
authority, we have declared, decreed, and ordained, 
and by thefe prefents, figned with our hand, we do: 
declare, decree, and ordain, we will, and it is our 
pleaiure, that the faid act of renunciation of our faid 
brother and grandfon the King of Spain, and thofe of 
our faid grandfon the Duke of Berry, and .of our faid 
nephew the Duke of Orleans, which we have admitted, 
and do admit, be regiftered in all our courts of par- 
liament, and chambers of our accounts in our king- 
dom, and other places where it fhall be necefiary, m 
order to their being executed according to their form 
and tenor. And confequently, we will and intend, 
that our faid letters patents of the month of December, 
1700, be and remain null, and as if they had never 
been made, that they be brought back to us, and that. 
" V in 



350 TREATIES 

in the margin of the regifters of our faid court of par- 
liament, and ot our laid chamber of accounts, when 1 
the enrolment of the laid letters patents is, the extract 
of thefe prelents be placed and inferted, the better to 
fignify our intention as to the revocation and nullity of 
the faid letters. We will,, that in conformity to th 
act of renunciation of our faid brother and grandibn the 
King of Spain, he be from henceforth looked upon 
and copfidered as excluded from our fucceflion, that 
his heirs, lucccfiors, and defcendants be likewife ex- 
cluded for ever, and looked upon as incapable of en- 
joying the lame. We undcrltand that in failure of 
them, all rights r<> our laid crown, and fucceflion to 
our dominions, which mu'ht ar any time whatil. 
belong and appertain to them, be and re-main rranf 
fin-red to our moft dear and m< >ft beloved grandlon the 
Duke of Berry, and to his children and delcemiants, 
being males born in lawf ii marriage; and lucceffivcly, 
in failure of them, to thole of the Princes of our Royal 
Houie, and dieir dcfcendants, who in right of their 
birth, or by the order eitablifhed lince die foun ' 
of our monarchy, ought to fucceed to our crown. 
Anil fo we command our beloved and trufty counfel- 
tors, the members of our court of parliament at 
Paris, that they do caufe thefe prelents, together with 
the acts of renunciation made by our faid brother and 
grandfon the King of Spain, by our laid grandfon 
the Duke of Berry, and by our faid nephew the 
Duke of Orleans, to be read, publilhed, and regif- 
tered, and the contents thereof to be kept, obferved, 
and executed, according to their form and tenor, fully, 
peaceably, and perpetually, ceaftng, and caufing to 
ceafe, all molcilations and hindcrances, notwi^hftapding 
any laws, ilatutes, ufages, cultoms, dea-ecs, regula- 
tions, and orficr- matters contrary thereunto; whereto, 
and to the derogations of the derogations therein con- 
tained, we have derogated, and do derogate by thefe 
prefents, for this purpofe only, and without being 
brought into precedent. For fuch is our pleaiure. 

And 



1787.] WITH FRANCE. 351 

And to the end that this may be a matter firm and 
lading for ever, we have caufed our feal to be affixed 
to theie prefents. Given at Verfailles, in the month 
of March, in the year of our Lord 1713, and of our 
reign the feventieth. Signed, LEWIS; and under- 
neath, By the King, Pbelypeaux. Vifa Phelypeattx. 
And fealed with the great leal on green wax, with 
firings of red and green filk. 

Read and publifhed, the court being afiembled, and 
regiftered among the rolls of the court, the King's 
attorney -general being heard, and moving for the 
fame, to the end that they may be executed ac- 
cording to their form and tenor, in purfuance of, 
and in conformity to the acts of this day. At 
Paris, in parliament, the I5th ofi March, 1713. 

(Signed) Dongois. 

The KIN G. 

WHEREAS-, on the 5th of November, in this 
prefent year 1712, before Don Manuel of Vadillo 
and Velafco, my fecretary of ftate, and chief notary 
of the kingdoms of Cailiile and Leon, and witnefles, 
I delivered, iwore to, and figned a public inftrument 
of the tenor following, which is word for word as here 
enfues : 

' D. Philip, by the grace of God, King of Caftille, 
Leon, Arragon, the Two Sicilies, Jerufalem, Navarre, 
Granada, Toledo, Valentia, Galicia, Majorca, Se- 
ville, Sardinia, Corduba, Corfica,. Murcia, Jaen, the 
Algarves, Algezira, Gibraltar, the Canary Iflands, the 
Eait and Well Indies, the I Hands and Terra Firma of 
the ocean, Archduke of Auftria, Duke of Burgundy, 
Brabant, and Milan, Count of Habfpurg, Flanders, 
Tirol, and Barcelona, Lord of Bifcay, and Molina, 
&c. By the account and information of this inftru- 
ment and writing of renunciation and relinquifhment, 
and that it may remain for a perpetual remembrance, 

I do 



352. TREATIES [1259 

I do make known and declare to Kings, Princes, Po- 
tentates, Commonwealths, Communities, and particu- 
lar perfons, which now are, and (hall be in future ages; 
That ic being one of the principal pofitions of the trea- 
ties of peace depending between the crowns of Spain 
and of France, with that of England, for the rendering 
it firm and lading, and proceeding to a general one, 
on the maxim of lecuring for ever the univerfal good 
and quiet of Europe, by an equal weight of power, 
fo that many being united in one, the balance of the 
equality defired might not turn to die advantage of one, 
and the danger and hazard of the reftj it was propofed 
and infifted on by England, and it was agreed to on 
my part, and on that of die King my grandfather, 
that for avoiding at any time whatever the union of 
this monarchy with that of France, and the poflibility 
that it might happen in any cafe, reciprocal renuncia- 
tions fhould be made by me, and for, all my defcend- 
ants, to the poflibily of fucceeding to the monarchy of 
France, and on the part of thofe Princes, and of all 
their race, prefent and to come, to that of fucceeding 
to this monarchy j by forming a proper project of ab- 
dication of all rights which might be claimed by the 
two Royal houfes of this and of that monarchy, as to 
their fucceeding mutually to each other ; by feparating, 
by the legal means of my renunciation, my branch 
from the Royal Item of France, and all the branches 
of France from the ftem of the blood-royal of Spain; 
by taking care at the fame time, in pursuance of the 
fundamental and perpetual maxim of the balance of 
power in Europe, which pcrfuades and juftifies the 
avoiding, in all cafes imaginable, the union of the 
monarchy of France with that of Spain, that the in- 
convenience Ihould likewife be provided againft, left, 
in default of my ifliie, the cafe fhould happen that this 
monarchy fhould devolve again to the Houfe of Auf- 
tria, whofe dominions and dependencies, even without 
the union of die Empire, would make it formidable; 
a motive which at other times made it juftifiable to fe- 

parate 



1787/1 WJTH FRANCE. 

parate the hereditary dominions of the Houfe of Auf- 
tria from the body of the Spanifh monarchy; it being 
agreed and fettled to this end by England with me, and 
with the King my grandfather, that in failure of me, 
and of my ifiue, the Duke of Savoy, and his fons and 
defcendants, being males, born in conftant lawful 
marriage, are to enter upon the fucceffion of this mo- 
narchy i and in default of his male line, the Prince 
Amadeo of Carignan, and his fons and defcendants, 
being males, born in conftant lawful marriage; and in 
default of his line, Prince Thomas, brother of the 
Prince of Carignan, his fons and defcendants, being 
males, born in conftant lawful marriage, who, as de- 
fcendants of the Infanta Donna Catharina, daughter 
of Philip the Second, and being exprefsly called, have 
a clear and known right, fuppofing the friendlhip and 
perpetual alliance which the Duke of Savoy, and his 
defcendants, are to folicit and obtain from this crown ; 
it being to be believed, that by this perpetual and 
never-ceafmg hope, the needle of the balance may 
remain invariable, and all the Powers, weaned with 
the toil and uncertainty of battles, may be amicably 
kept in an equal poife ; it not remaining in the difpofai 
of any of the parties to alter this federal equilibrium 
by way of any contract of renunciation, or retrocef- 
fion, fince the fame reafon which induced its being 
admitted, demonftrates its permanency, a fundamental 
conftitution being formed, which may fettle by an un- 
alterable law the fucceflion of what is to come. In 
confequence of what is above faid, and for the love I 
bear to the Spaniards, and from the knowledge I have 
of what I owe to them, and the repeated experience 
of their fidelity, and for making a return to Divine 
Providence, by this refignation to its deftiny, for the 
great benefit of having placed and maintained me on 
the throne, among fuch illuftrious and well-deferving 
vaffals, I have determined to abdicate, for myfelf, and 
all my defcendants, the right of fucceeding to the 
rown of France, defiring not to depart from living 
VOL. L A a aod 



;j{4 T'R E A T I E S 

and dying with my beloved and faithful Spaniards; 
leaving to all my defcendants the infeparable bond of 
their fidelity and love. And to the end that this refo- 
lution may have its due effect, and that the matter 
may ceafe which has been looked upon as one of the 
principal motives of the war which has hitherto af- 
flicted Europe, of my own motion, free, fpontaneous, 
and unconftrained will, I Don Philip, by the grace 
of God, King of Caftille, Leon, Arragon, the Two 
Sicilies, Jerufalem, Navarre, Granada, Toledo, Valen- 
cia, Galicia, Majorca, Seville, Sardinia,Corduba,Corfica, 
Murcia, Jaen, the Algarves, Algezira, Gibraltar, the 
Canary Iflands, die Eaft and Weft Indies, the Iflands 
and Terra Firma of the ocean, Archduke of Auftria, 
Duke of Burgundy, Brabant, and Milan, Count of 
Hablpurg, Flanders, Tirol, and Barcelona, Lord of 
Bifcay and Molina, &c. do by this prefent inftrument, 
, for myfelf, for my heirs and fucceflbrs, renounce, quit, 
and relinquifh, for ever and ever, all pretenfions, rights, 
and tides, which I have, or any defcendant of mine 
hath at prefent, or may have at any rime to come, to 
the fucceflion of the crown of France; and I declare, 
and hold myfelf for excluded and feparated, me and 
my fons, heirs, and defcendants for ever, for excluded 
and difabled abfolutely, and without limitation, dif- 
ference, and diftinftion of perfons, degrees, fexes, and 
times, from the aft and right of fucceeding to the 
crown of France. And I will and confent, for myfelf 
and my faid defcendanrs, that now, as well as then, it 
may be taken to he pafied over and transferred to him, 
who by mine and their being excluded, difabled, and in- 
capacitated, fhall be found next and immediate in de- 
gree to the King by whofe death it fhall become vacant: 
and the fucceflion to the faid crown of France is ac 

anytime, and in any cafe, to be fettled on and given to 
him, to have and to hold the fame as true and lawful 

- iuccefibr, in the fame manner as if I and my defcend- 
ants had not been born, or been in the world i fince 
for fuch are we to be held and efteemed, becaufe in 
my perfon, and in that of my defcendants, there as no 

confideration 



1787.] WITH FRANC E. 355 

confideration to be had, or foundation to be made of 
aftive or pafilve reprefentation, beginning, or conti- 
nuation of lineage effective, or contentive of fubftance, 
blood, or quality, nor can the defcent or computation 
of degrees of thofe perfons be derived from the moil 
Chriftian King, my lord and grandfather, nor from 
the Dauphin, my father, nor from the glorious Kings 
their progenitors; nor by any other means can they 
come into the fucceflion, nor take pofTefiion of thje 
degree of proximity, and exclude from it the perfon 
who, as is abovefaid, ihall be found next in degree. 
I will and ronfent for myfelf, and for my defcendants, 
that from this time, as well as then, this right be looked 
upon and confidered as paffed over and transferred to 
the Duke of Berry, my brother, and to his fons and 
defcendants, being males, born in conftant lawful 
marriage; and in default of his male iffue, to the Duke 
of Orleans, my uncle, and to his fons and defcend- 
ants, being males, born in conftant lawful marriage i 
and in default of his iflue, to the Duke of Bourbon, 
my coufin, and to his fons and defcendants, being males, 
born in conftant lawful marriage; and in like manner 
fucceflively to all the Princes of the blood of France, 
their fons and defcendants, being males, for ever and 
ever, according to the place and order in which they 
Ihall be called to the crown by right of their birth; 
and confequentjy to that perfon among the faid Princes, 
who (I and all my faid defcendants being, as is above- 
faid, excluded, difabled, and incapacitated) fhall be found 
the neareft in immediate degree after that King by 
whofe death the vacancy of the crown of France fhal! 
happen, and to whom the fucceflion ought to belong 
at any time, and in any cafe whatfoever, that he may 
poiTefs the fame as true and lawful fucceflbr, in the 
fame manner as if I and my defcendants had not been 
born. And for the greater ftrength of this act of ab- 
.dication of ail the rights and titles which appertained 
.to me, and to all my fons and defcendants, of fuc- 
ceeding to. the aforefaid crown of France, I depart 
A a 2 from 



TREATIES [1259 

from and relinquifh efpecially that which might more- 
over accrue to the rights of birth from the letters pa- 
tents, or inftrument, whereby the King my grand- 
father preferred and referred to me, and enabled me 
to enjoy the right of fuccefiion to the crown of France, 
which inftrument was difpatched at Verfailles in the 
month of December, in the year 1 700, and pafied, 
and approved, and regiftered by the Parliament. I 
will that it cannot ferve me for a foundation to the 
purpofes therein provided for, and I reject and renounce 
it, and hold it for null, void, and of no force, and for 
cancelled, and as if no fuch inftrument had ever been 
executed. I promife and oblige myfelf, on the faith 
of a King's word, that as much as fhall relate to my 
part, and that of my fons and defendants, which are 
and fhall be, I will take care of the obfervation and 
accomplifhment of this writing, without permitting or 
confenting that any thing be done contrary thereunto, 
directly or indirectly, in the whole, or in partj and I 
relinquifh and depart from all and all manner of reme- 
dies, known or unknown, ordinary or extraordinary, 
and which by common right, or fpecial privilege, 
might belong to us, to me, and to my fons and de- 
fcendants, to reclaim, mention, or alledge againfl what 
is abovefaid; and I renounce them all, and efpecially 
that of evident prejudice, enormous, and moft enor- 
mous, which may be reckoned to have happened in 
this relinquifhment and renunciation of the right of 
being able at any time to fucceed to the crown afore- 
mentioned. I will that none of the faid remedies, 
nor others, of whatsoever name, ufe, importance, and 
quality they may be, do avail us, or can avail us. 
And if in fact, or under any colour, we fhould endea- 
vour to feize the faid kingdom by force of arms, by 
making or moving war, offenfive or defenfive, from 
this time for ever, that is to be held, judged, and de- 
clared, for an unlawful, unjuft, and wrongfully un- 
dertaken war, and for violence, invafion, and ufurp- 
ation, done againft reafon and confcience ; -and on the 
3 contrary, 



1787.] WTTH FRANCE. 357 

contrary, that is to be judged and efteemed a juft, 
lawful, and allowed war, which fhall be made or moved 
in behalf of him who, by the exclufion of me, and of my 
laid fons and defendants, ought to fucceed to the tid 
crown of France, to whom the fubjects and natives 
thereof are to apply themfelves, and to obey him, to take 
and perform the oath and homage of fealty, and to 
ferve him as their lawful king and lord. And the relin- 
quifhment and renunciation, for me, and my faid fons 
and defcendants, is to be firm, ftable, valid, and ir- 
revocable perpetually, for ever and ever. And I de- 
clare and promife, that I have not made, neither will I 
make, any proteftation or reclaiming, in public or 
in fecret, to the contrary, which may hinder or di- 
minifti the force of what is contained in this writing; 
and that if I fhould make it, although it be fworn to, 
it is not to be valid, neither can it have any force - t 
and for the greater ftrength and fecurity of what is 
contained in this renunciation, and of what is faid and 
promifed on my part therein, I give again the pledge 
of my faith and Royal word, and I fwear folemnly by 
the Gofpels contained in this MifTal, upon which I lay 
my right hand, that I will obferve, maintain, and ac- 
complifh this act and inftrument of renunciation, as 
well for myfelf as for all my fuccefibrs, heirs, and 
defcendants, in all the claufes therein contained, ac- 
^ording to the moft natural, literal, and plain fenle 
and conftruction; and that I have not fought, neither 
will I feek, any difpenfation from this oath; and if it 
fhall be fought for by any particular perfon, or fhall be 
granted motu proprio y I will not ufe jt, nor take any 
advantage of it. Nay, in fuch cafe as that it fhould 
be granted me, I make another the like oath, that 
there may always be and remain one oath above and 
beyond all diipenfations w r hich may be granted me. 
And I deliver this writing before the prefent fecre- 
itary, notary of this my kingdom, and I have figned 
it, and commanded it to be fealed with my Royal leal; 
jhere being provided and called as witnerTes, the Car- 
A a 3 dinal 



35$ TREATIES [1259 

dinal Don Francifco de Judice, Inquifitor General, 
and Archbilhop of Montreal, one or my Council of 
State ; Don Jofeph Fernandez, of Velafco and Tobar, 
Conftable of Caftille, Duke of Frias, Gentleman of 
my Chamber, my High Steward of my Houfhcld, 
great Cup-bearer, and great Huntfmari) Don Juan 
Claros Alfonfo Perez de Gufman el Bueno, Duke uf 
Medina Sidonia, Knight of the Order Of the Holy 
Ghoft, my great M after of the Horfe, Gentleman of 
my Chamber, and one of my Council of State; Don 
Francifco Andres de Benavides, Count of Santiflevan, 
one of my Council of State, and High Steward to the 
Queen; Don Carlos Homodei Laco de la Vrga, 
Marquis of Almonacir, and Ccunt of Cafa Palma, 
Gentleman of my Chamber, one of my Council of 
State, and Great Mafter of the Horfe to the Queen; 
Don Reftayno Cantelmo, Duke of Popoli, Knight of 
the Order of the Holy Ghoft, Gentleman of my 
Chamber, and Captain of my Italian Life Guards; 
Don Fernando of Arragon and Moncada, Duke of 
Montalto, Marquis of los Velez, Commander of Silla 
and Benaful in the Order of Montefla, Gentleman of 
my Chamber,' and one of my Council of State; Don 
Antonio Scbaftian de Toledo, Marquis of Mnnfera, 
Gentleman of my Chamber, one of my Council of 
State, and Prefident of that of Italy; Don Juan Do- 
mingo, of Haro and Guzman, great Commander in 
the Order of St. James, one of my Council of State; 
Don Joachim Ponce de Leon, Duke of Arcos, Gen- 
tleman of my Chamber, great Commander in the 
Order of Calatrava, one of my Council of State; Don 
Domingo de Giudice, Duke of Giovenazzo, one of 
m/ Council of State; Don Manuel Coloma, Marquis 
of Canales, Gentleman of my Chamber, one of my 
Council of State, and Captain General of the Artil- 
lery of Spain ; Don Jofeph de Solis, Duke of Mon- 
tellano, one of my Council of State; Don Rodrigo 
Manuel Manriqvie de Lara, Count of Frigiliana, Gen- 
tleman of my Chamber, one of my Council of Staws 

and 



1787-] WITH FRANCE. 

and Prefident of that of the Indies? Don Ifidro de la 
Cueva, Marquis of Bedmar, Knight of the Order of 
the Holy Ghoft, Gentleman of my Chamber, one' of 
my Council of State, Prefident of that of the Orders, 
and firft Minifter of War; Don Francifco Ronquillo 
Briceno, Count of Gramedo, Governor of my Coun- 
cil of Callille ; Don Lorenzo Armangual, Bifliop of 
Gironda, one of my Council and Chamber of Caf- 
tille, and Governor of that of the Revenues; Don 
Carlos de Borja and Centellas, Patriarch of the In- 
dies, one of my Council of the Orders, my Chaplain 
and Great Almoner, and Vicar General of my Armies ; 
Don Martin de Guzman, Marquis of Montealegre, 
Gentleman of my Chamber, and Captain of my Guard 
of Halberdiers; Don Pedro de Toledo Sarmientc, 
Count of Gondomar, one of my Council and Cham- 
ber of Caflille; Don Francifco Rodrigues de Menda- 
rofqueta, Commififary General of the Cruzada; and 
Don Melchior de Avellaneda, Marquis of ValdecanaSj 
one of my Council of War, and Director General of 
the Infantry of Spain. 

I the KING. 

I Don Manuel of Vadillo and Velafco, Knight of 
the Order of Saint James, and Commander of Bo- 
fuelo in that of Calatrava, Secretary of State to his 
Majefty, Public Notary, and Writer, in his kingdoms 
and dominions, who was prefent at the delivery, and 
at all the reft herein above contained, do teftify the 
fame : and in witnefs of the truth I have figned it, and 
put my name thereto, in Madrid, the fifth of Novem- 
ber, 1712. Manuel Vadillo y Velajco. 

Now in regard to the federal conventions, whereof 
mention is made in the (aid inftrument here inferted, 
and to the end it may appear authentically to all the 
parties where it appertains, and who may pretend to 
make ufe of the contents thereof; and for all the effects 
which may take place in right, and which may be de*- 
A a 4 rived 



360 TREATIES [1259 

rived from the delivery hereof, under the claufes, con- 
ditions, and fuppofitions therein contained, I have 
commanded thefe prefents to be made out, figned with 
my hand, and fealed with the feal of my Royal arms, 
and counterfigned by my underwritten Secretary of 
State, and Chief Notary of thefe my kingdoms, at 
Buen Retire, thefeventh of November, 1712. 

(L.S.) I the KING. 
Manuel de Vadilk y Velajco. 

Read and publifhed, the court being aflembled, and 
regiftcred in the rolls of the court, the King's 
advocate general being heard, and moving for the 
fame, to the end that it may be executed accord- 
ing to the form and tenor thereof, in purfuance 
of, and in conformity to the acts of this day. 
At Paris, in parliament, the I5th of March, 

(Signed) Doxgois. 

I Don Francifco Antonio le Quincoces, Knight of 
the Order of St. James, one of his Majefty's Council, 
tnd Secretary of that of the Chamber, and of State 
of Caftillc, Public Notary and Writer in his kingdoms 
and dominions, 

Do certify, that in purfuance of the propofition 
which the King our Lord (whom God preferve) made 
to the kingdom aflembled in Cortes, reprefented by 
all the knights deputies from the cities and towns 
which have a vote therein, the fifth day of this prefent 
month and year, in his Royal palace of Buen Retire, 
and upon fight of the inftrument of renunciation, de- 
livered by his Majefty the fame day, month, and year, 
before Don Manuel of Vadillo and Velafco, his Secre- 
tary of State, and Public Notary and Writer in all his 
kingdoms and dominions, which his Majefty ore 
him to prefent, and which was read and publilhed in 
the meeting of the Cortes, which the kingdom held 

for 



1787.] WITH FRANCE. 361 

for this alone, the ninth of this month, the following 
refolution was agreed upon : 

That the moft humble reprefentation be made by 
the kingdom, laying ourfelves at, the Royal feet of his 
Majefty, giving him immortal thanks for the immenfe 
benefits, and exceeding great favours, wherewith he has 
been pleafed to honour and exalt the Spanifh nation, by 
taking care of the greateft good and advantage of his 
moft loving vaflals, by procuring to this monarchy 
the eafe of this defired peace and tranquillity. And 
that the kingdom, defiring on their part to contribute 
to the attaining the Royal intention of his Majefty, 
aflents to, and if it were necefTary for the greater au- 
thority, validity, and ftrength, approves and confirms 
the renunciation which his Majefty is pleafed to make 
for himfelf, and in the name of all his Royal defcend- 
ants, to the fucceflion which pofiibly may happen of 
the monarchy of France, with this circumftance, that 
the like renunciation to this crown is to be exe- 
cuted by the Princes of that Royal family, and their 
defcendants: and likewife the perpetual exclufion of 
the Houfe of Auftria from the dominions of this mo- 
narchy j and in like manner, in cafe of failure (which 
God forbid) of the Royal ifTue of his Majefty, the 
calling of the Houfe of the Duke of Savoy, and of 
all his fons, and male defcendants, born in conftant: 
lawful matrimony; and in default of all thefe lines, of 
the Prince Amadeus of Carignan, his fons, and male 
defcendants, born in conftant lawful matrimony ; and 
in failure thereof, of the Prince Thomas, brother of the 
faid Prince of Carignan, his fons, and male defcend- 
ants, born in conftant lawful matrimony, who as de- 
fcendants of the Infanta Donna Catharina, daughter 
of Philip the Second, and being exprefsly called, have 
a clear and known right, fuppofmg the friendfhip and 
perpetual alliance with this crown, which ought to be 
fought and obtained by the Duke of Savoy, and his 
defcendants. And that the kingdom approves, agrees 
to, and ratifies all thefe three things, and each of 

them, 



3 64 TREATIES [1259 

them, with the fame qualities, conditions, and fuppo- 
fitions, as are exprefled, inferred, and concluded in 
the faid inftrument of renunciation executed by his 
Majefty, which has been mentioned and referred to. 
And laftly, that for fecuring and eftablifhing the 
ftrength of thefe treaties, theie kingdoms oblige them- 
felves, with all their power and force, to caufe to be 
maintained the Royal refolutions of his Majefty, fa- 
crificing in his Royal fervice, even to the laft drop of 
their blood, offering to his Majefty their lives and for- 
tunes in token of their love. And that for the eternal 
remembrance and obfervance of the Royal deliberation 
of his Majefty, and agreement of the kingdom, it be 
defired in their name (as in effect they have defired and 
petitioned by their reprefentation and confultation made 
the fame ninth day of this month) that his Majefty 
would be pleafed to order, that by annulling all that 
fhall be found to the contrary, it be eftabliihed as a 
fundamental law, as well the aforefaid renunciations, 
as the perpetual exclufion of the Houfe of Auftria 
from the dominions of this crown, and the calling of 
that of Savoy to the fuccefTion of thefe kingdoms, in 
default (which God forbid) of defendants from his 
Majefty; which the kingdom, with the approbation 
of his Majefty, does even now agree to, as the foun- 
dation whereon depends the greateft good and advan- 
tage of this monarchy, fo much purfued, favoured, 
and exalted by the Royal benevolence of his Ma- 
jefty. 

And the King our lord, having agreed to this una- 
nimous and uniform rcfolution and reprefentation of 
all the knights deputies in the* Cortes of the king- 
dom, he has been pleafed, by his Royal decree of the 
feventeenth of this month, to command it to be re- 
mitted to his fupreme council, jointly with the writing 
of renunciation, ordaining that the tenor of the law 
be forthwith formed, extended, and difpofed, with all 
the circumftances of clearness and ftrength, for it* 
more inviolable and perpetual obfervation.. 

As 



1787.] WITH FRANCE. 365 

As all that is abovefaid does more largely appear 
from the aforementioned inftruments, the refolution, 
and fupplication of the kingdom, which are cited, and 
to which I refer. And this certificate, figned with my 
hand, fealed with the feal of the Royal arms of his 
Majefty, I give by virtue of his Royal order, in the 
paper of the Marquis of Mejorada and of Brena, one 
of his Council, Gentleman of his Chamber, his Se- 
cretary of State, and of the univerfal difpatch. At 
Madrid, the ninth of November, 1712. 

(L. S.) Den Francifco de Quincoces. 

CHARLES, fon of France, Duke of Berry, 
Alenfon, and Angoulefme, vVifcount of Vernon, An- 
dely, and Gifors, Lord of the Chatellenies of Coig- 
nac and Merpins; to all Kings, Princes, Common- 
wealths, Communities, and to all other bodies, and pri- 
vate perfons, prefent and to come, be it known. All 
the Powers of Europe finding themfelves almoft ruined 
on account of the prefent wars, which have carried 
defolation to the frontiers, and into many other parts 
of the richeft monarchies, and other dominions, it has 
been agreed, in the conferences and treaties of peace 
which are negotiating with Great Britain, to eftablifh 
an equilibrium, and 'political boundaries between the 
kingdoms, whereof the interefts have been, and are 
ftill, the fad occafion of a bloody difpute j and to hold 
it for a fundamental maxim, in order to preferve this 
peace, that provifion ought to be made that the forces 
of thefe kingdoms may not become formidable, nor 
be able to caufe any jealoufy, which, it has been 
thought, cannot be fettled more folidly, than by hin- 
dering them from extending themfelves, and by keep- 
ing a certain proportion, to the end that the weaker 
being united together may defend themfelves againft the 
more powerful, and fupport themfeives reflectively 
againft their equals. 

For this purpofe the King, our moft honoured lord 
and grandfather, and the King of Spain, our moft dear 
brother, have agreed and concluded with the Queen of 

Great 



364 TREATIES [1:59 

Great Britain, that reciprocal renunciations fhall be 
made by all the Princes, both prefent and to come, of 
the crown of France, and of that of Spain, of all 
rights which may appertain to each of them, to the 
fucceflion of the one or of the other kingdom, by 
cftablifhing an habitual right to the fucceflion to the 
crown of Spain, in that line which fhall be made ca- 
pable thereof, and declared immediate after that of 
King Philip the Fifth our brother, by the Eftates of 
Spain, who were to aflcmble for this purpofe; by 
making an immoveable balance to maintain the equi- 
librium, which is intended to be placed in Kurope, and 
by going on to particularifc all the cafes of union which 
are forefeen, to ferve as a. ^example for all fuch as may 
happen. It has likewife been agreed and concluded 
between the King our moft honoured lord and grand- 
father, King Philip the Fifth, our brother, and the 
Queen of Great Britain, that the faid King Philip 
fhall renounce for himfelf, and for all his defcendants, 
the hopes of fucceeding to the crown of France ; that 
on our fide we fhall renounce in like manner, for us, 
and for our defcendants, the crown of Spain ; that 
the Duke of Orleans, our molt dear uncle, fhall do 
the fame thing: fo that all the lines of France and of 
Spain, refpectively and relatively,, mall be excluded for 
ever, and by all kind of ways, from all the right which 
the lines of France might have to the crown of Spain, 
and the lines of Spain to the crown of France : and 
laflly, that care fhall be taken, that under pretence of 
the faid renunciations, or under any other pretence 
whatsoever, the Houlc of Auftria may not make ufe 
of the pretenfions which it might have to the fuccef- 
fion of the monarchy of Spain j forafmuch as by 
uniting this monarchy to the hereditary countries and 
dominions of that Houfe, it would become formidable, 
even without the union of the Empire, to the other 
Powers, which are between both, and which would find 
themfelves as it were furroundedi which would deftroy 
the equality that is eftablifhing at prefent, to fccure 

and 



1787.] WITH FRANCfe. 365 

and ftrengthen more perfectly the peace of Chriften- 
dom, and to take away all manner of jealoufy from 
the Powers of the North and of the Weft, which is the 
end that is propofed by this political equilibrium, by 
removing and excluding all thefe branches, and calling 
to the crown of Spain, in default of the lines of King 
Philip the Fifth, our brother, and of all his children 
and defendants, the Houfe of the Duke of Savoy, 
which defcends from the Infanta Catharina, daughter 
of Philip the Second ; it having been confidered, that 
in making the laid Houfe of Savoy fucceed immedi- 
ately in this manner, this equality and balance between 
the three Powers may be fixed as it were in its centre, 
without which it would be impofiible to extinguifh the 
flame of war which has been kindled, and is capable or 
deftroying every thing. 

Being willing therefore to concur by our relinquifhi 
ment, and by the abdication of all our rights, for us, our 
fucceflbrs and defcendants, to the eftablilhing of the 
imiverfal repofe, and the fecuring the peace of Europe, 
becaufe we believe that this method is the fureil and 
moil effectual in the terrible circumftances of this con* 
juncture, we have refolved to renounce the hopes of 
fucceeding to the crown of Spain, and all the rights 
thereunto, which belong to us, and may belong to us> 
under any title, and by any means whatfoever. And 
to the end that this refolution may have its full effecl, 
and alfo by reafon that King Philip the Fifth, our 
brother, did on his part, the fifth of this prefent month 
of November, make his renunciation of the crown of 
France, we of our mere, free, and frank will, and 
without being moved thereunto by any refpeclful awe, 
or by any other regard, except thofe above-mentioned, 
do declare, and hold ourfelves from this prefent, we, 
our children, and defcendants, excluded and difabled 
abfolutely for ever, without limitation or diftin<5Hon 
of perfons, degrees, or fexes, from every aft, and from 
all right of fucceeding to the crown of Spain. - We 
will and content, for us, our faid children, and de- 
fcendants, 



366 T R E A TIES [1259 

fcendants, that from this time, and for ever, we and 
they, in confequence of thefe prefents, be held to be 
excluded and difabled, in like manner as all the other 
defendants of the Houfe of Auftria, who, as it has been 
faid and fuppofed, ought alfo to be excluded, in what- 
ever degree we may be, both the one and the other ; 
and if the fucceflion falls to us, our line, that of all our 
defendants, and all the others of the Houfe of Auftria, 
as it has been faid, ought to be feparated and excluded 
therefrom. That for this reafon the kingdom of Spain 
be accounted as devolved and transferred to him, to 
whom in fuch cafe the fuccefiion ought to devolve and 
be transferred at any time whatfoever, fo that we do 
take and hold him for true and lawful fucceflbr, be- 
caufe for the fame reafons and motives, and in confe- 
quence of thefe prefents, neither we, nor our defcend- 
ants, ought any more to be confidered as having any 
foundation of reprefentation, aftive or paflive, or mak- 
ing any continuation of line effe&ive, or contentive of 
fubftance, blood or quality, or likewife to derive any 
right from our dcfcent, or to reckon our degrees fiom 
the pcrfons of the Queen Maria Therefa of Auftria, 
oar moft honoured lady and grandmother, of the 
Queen Anne of Auftria, our molt honoured lady and 
great-grandmother, or of the glorious Kings their an- 
ceftorsi on the contrary, we ratify the claufes of their 
wills, and the renunciations made by the faid ladies, 
our grandmother and great-grandmother ; we renounce 
likewife the right which may belong to us, and to our 
children and defcendants, by virtue of the will of 
King Charles die Second, which, notwithftanding 
what is above-mentioned, calls us to the fuccefiion of 
the crown of Spain, in cafe of failure of the line of 
Philip the Fifth. We therefore relinquifh this right, 
and renounce the fame, for us, our children, and de- 
fcendants ; we promife and engage, for us, our laid 
children and defcendants, to employ ourfelves with 
all our might in caufmg this prefent ad to be fulfilled, 
without allowing or fuffcring that the fame be violated, 

direftly 



1787*] w i T H F RAN C E. 367 

directly or indirectly, in the whole or in part/ and we 
relinquilh all means, ordinary or extraordinary, which 
by common right, or by any fpecial privilege, might 
belong to us, our children, and defendants ; which 
means we likewife renounce abfolutely and particularly, 
that of evident, enormous, and moft enormous pre- 
judice, which may be found in the faid renunciation 
of the fucceffion to the crown of Spain. And we 
will, that none of the faid means may or can have 
any effect, and that if, under this pretext, or any other 
colour, we would poflefs ourfelves of the faid king- 
dom by force of arms, the war which we fhould make, 
or flir up, be deemed unjuft, unlawful, and unduly 
undertaken. And on the contrary, that the war which 
he fhould make upon us, who by virtue of this re- 
nunciation fhould have right to fucceed to the crown 
of Spain, be deemed juft and allowable. And that all 
the fubjects and people of Spain do acknowledge him, 
obey him, defend him, do him homage, and fwear 
fealty to him, as to their King and lawful lord. 

And for the greater fecurity of all that we fay and 
promife for ourfelves, and in the name of our children 
and defcendants, we Iwear folemnly on the Gofpels 
contained in this MilTal, upon which we lay our right 
hand, that we will keep, maintain, and fulfil the fame 
in all and every part thereof; that we will never afk 
to be relieved from the fame, and if any one do afk it 
for us, or if it be granted us motu froprioy we will not 
make ufe or take advantage of it. But rather, in 
cafe it fhould be granted us, we over and above make 
this other oath, and this fliall fubfift and remain for 
ever, whatever diipenfations may be granted us. We 
fwear and promife likewife, that we have not made, 
neither will we make, in public or in fecret, any pro- 
teftation or reclamation to the contrary, which may 
hinder what is contained in thefe prefents, or leffen the 
force thereof; and if we fhould make any, whatever 
oaths they may be accompanied with,, they fhall not 
have any force or virtue, or produce any effect, 

In 



368 TREATIES [1259 

In witnefs whereof, and to render thefe prefents au- 
thentic, they have been parted before mafters Alexander 
le Fevre, and Anthony le Moyne, counfellors to the 
King, notaries, minute-keepers to his Majefty, and 
feal-keepers in the Chatelet of Paris, here-under 
written, who have wholly delivered this prefent aft; 
and for caufmg thefe prefents to be publifhed and regif- 
tered, wherever it fhall be neceffary, my Lord the Duke 
of Berry has conftituted the bearers of thefe difpatches, 
by duplicates thereof, his general and fpecial attornies, 
to whom my faid Lord has, by thefe faid prefents, 
given fpecial power and authority in that behalf. At 
Marly, the twenty-fourth day of November, 1712, 
before noon, and has figned the prefent duplicate and 
another, and the minute thereof remaining in the hands 
of the faid le Moyne, notary. 

(Signed) CHARLES. 
Le Fevre > Le Moyne. 

WE Jerome d'Argouges, Knight, Lord of Fleury, 
counfellor to the King in his councils, honorary matter 
of the requefts of his houfehold, civil lieutenant of the 
city, provoftfhip, and vicounty of Paris, do certify to 
all to whom it may appertain, that mafters Alexander 
le Fevre, and Anthony le Moyne, who have figned the 
act on the other fide, are counfellors to the King, no- 
taries, minute- keepers to his Majefty, and feal-keepers 
at the Chatelet of Paris, and that faith is to be given, 
as well in court as out of it, to the acts received by 
them. In witnefs whereof, we have figned thefe pre- 
fents, caufed the fame to be counterfigned by our fecre- 
tary> and the leal of our arms to be affixed. At Paris, 
the twenty -fourth of November, 1712. 

(Signed) D'Argouges. 

By my faid Lord, Barbey. 

Read and publifhed, the court fitting, and regiftered 
in the rolls of the court, the King's attorney ge- 
neral being heard, and moving for the fame, in 

order 



1787.] WITP* FRANCE. 369 

order to its being executed, according "to its form 
and tenor, in purfuance of and in conformity to 
the acts of this day. At Paris, .in parliament, 
the fifteenth of March, 1713. 

(Signed) Dtmgou. 

PHILIP, grandfon of France, Duke of Orleans, 
Valois, Chartres, and Nemours : to all Kings, Princes, 
CoinmQnwealths, Potentates, Communities, and to all 
perfons, as well prefent as to come, we make known 
by thefe prefents ; that the fear of the union of the 
crowns of France and Spain, having been the prin- 
cipal motive of the prefent war, and the other Powers 
of Europe having always apprehended left thele two 
crowns fhould come upon one head, it has been laid 
down as the foundation of the peace, which is treated 
of at prefent, and which it is hoped may be cemented 
more and more, for the repofe of fuch a number of 
countries which have facrificed themfelves, as fo many 
victims, to oppofe the dangers wherewith they thought 
themfelves threatened, that it was neceflary to eftablifh 
a kind of equality and equilibrium between the Princes 
who were in difpute, and to feparate for ever, in an 
irrevocable manner, the rights which they pretend to 
have, and which they defended, fword in hand, with a 
reciprocal (laughter on each fide* 

That with intent to eftablifh this equality, the 
Queen of Great Britain propofed, and upon her in- 
ftances it has been agreed by the King, our moft 
honoured lord and uncle, and by the Catholic King, 
our moft dear nephew, that for avoiding at any time 
whatfoever the union of the crowns of France and 
Spain, reciprocal renunciations ihould be made, that 
is to fay, by the Catholic King Philip the Fifth our 
nephew, for himfelf, and for all his descendants, of the 
fucceflion to the crown of France; as alfo by the 
Duke of Berry, our moft dear nephew, and by us, 
for ourfelves, and for all our defcendants, of the crown 
of Spain ; on condition likewife, . that neither the 

VOL. I. B b Houfe- 



370 TREATIES [1:59 

Houfe of Auftria, nor any of the defendants thereof, 
ftiall be able to fucceed to the crown of Spain, be- 
caufe this Houfe itfelf, without the union of the Em- 
pire, would become formidable, if it Ihould add a 
new power to its ancient dominions; and confequently 
this equilibrium, which is defigned to be eftablifhed 
for the good of the Princes and States of Europe, 
would ceafe. Now it is certain, that without this 
equilibrium, either the dates fuffer from the weight of 
their own greatnefs, or envy engages their neighbours 
to make alliances to attack them, and to reduce them 
to fuch a point, that thefe great Powers may infpire 
lefs fear, and may not afpire to an univerfal mo- 
narchy* 

For attaining the end . which is propofed, and by 
reafon that his Catholic Majefty has on his part made 
his renunciation the fifth of this prefent month, we 
confent that, in failure of Philip the Fifth, our ne- 
phew, and of his defendants, the crown of Spain do 
pafs over to the Houfe of the Duke of Savoy, whofe 
rights are clear and known, inafmuch as he dcfccnds 
from the Infanta Catharina, daughter of Philip the 
Second, and as he is called by the other Kings his 
fucceflbrs ; fo that his right to the lucccflion of Spain 
is indifputable. 

And we defiring on our fide to concur towards the 
glorious end, which is propofed for re-cftablifhing the 
public tranquillity, and for preventing the fears which 
the rights of our birth, or all others which might 
appertain unto us, might occafion, have refolvcd to 
make this relinquifhment, this abdication, nd this 
renunciation of all our rights, for ourfclves, and in the 
name of all our fuccefibrs and defendants j and for 
the accomplifhing of this refolution, which we have 
taken of our mere, free, and frank will, we declare 
and hold ourfelves from this prefent, us, our children, 
and defcendant^ for excluded and difabled, ablolutely, 
and fjr ever, and without limitation or diftinclion of 
perfons, of degrees, and of ftxcs, from every acl, and 

from 






1787.] WITH FRANCE. 371 

from all right of fucceeding to the Crown of Spain. 
We will and confent, for us and our defcendants, that 
from this time, and for ever, we be held, we and ours, 
for excluded, difabled, and incapacitated, in whatever 
degree we may happen to be, and in what manner 
foever the fucceflion may fall to our line, and to all 
others, whether of the Houfe of France or of that of 
Auftria, and of all the defcendants both of the one 
and the other Houfe, which, as it is faid and fuppofed, 
ought likewife to hold the mfelves for cut off and ex- 
cluded j and that for this reafon, the fucceflion to the 
faid crown of Spain be deemed to be devolved and 
transferred to him to whom the fucceflion of Spain 
ought to be transferred, in fuch cafe, and at any time 
whatfoeverj fo that we do take and hold him for true 
and lawful fucceffor, becaufe neither we, nor our de- 
fcendants, ought any more to be confidered as having 
any foundation of reprefentation, active or pafiive, or 
making a continuation of a line effective, or contentive 
of iubftance, blood, or quality, nor ought we to derive 
any right from our defcent, or reckon the degrees from 
Queen Anne of Auftria, our moft honoured lady and 
grandmother, nor from the glorious Kings her an- 
ceilors. On the contrary, we ratify the renunciation 
which the faid lady Queen Anne made, and all the 
claufes which the kings Philip the Third and Philip 
the Fourth inferted in their wills. We renounce in 
like manner all the right which may appertain to us, 
and to our children and defcendants, by virtue of the 
declaration made at Madrid, the twenty-ninth of 
October, 1703, by Philip the Fifth King of Spain, our 
nephew; and any right which might appertain to us, 
for us, and our defcendants, we relinquifh the fame, 
and renounce it for us and for them; we promife 
and engage, for us, our faid children and defendants, 
prefent and to come, to employ ourfelves, with all our* 
might, in caufmg thefe prefents to be obferved and 
fulfilled, without allowing or fuffering that directly or 
indirectly the fame be violated, whether in the whole 
B b 2 Qt 



3 f2 TREATIES [1259 

or in part. And we relinquifh all means, ordinary or 
extraordinary, which by common right, or any fpecial 
, privilege, might appertain to us, our children, and de- 
fcendants; which means we renounce abfolutely, and 
in particular that of evident, enormous, and moft 
enormous prejudice, which may be found in the re- 
nunciation of the fucceflion to the faid crown of Spain; 
and we will that any of the faid means neither may 
nor can ferve or avail us. And if under this pretext, 
or any other colour whatever, we would pofiefs our- 
felves of the faid kingdom of Spain by force of arms, 
that the war which we fhould make, or flir up, be held 
for unjuft, unlawful, and unduly undertaken j and that 
on the contrary, that which he fhould make upon 
us, who by virtue of this renunciation fhould have 
right to fucceed to the crown of Spain, be held for 
juft and allowable ; and that all the fubjects and peo- 
ple of Spain do acknowledge him, obey him, defend 
him, do homage to him, and take the oath of fealty to 
him, as to their King and lawful lord. 

And for the greater afiurance and fecurity of all that 
we fay and promife, for us, and in die name of our 
Juccefibrs and defendants, we fwear folemnly on the 
.holy Gofpels contained in this Miflal, whereon we lay 
our right hand, that we will keep, maintain, and fulfil 
,the fame, wholly and entirely j and that we will at no 
time afk to have ourfelves relieved therefrom ; and if 
any perfon alks it, or if it is granted us motu proprio, 
we will not make ufe or avail ourfelves thereof j but 
rather, in cafe i: fhould be granted us, we make another 
oath, that this fhall lubfift and remain for ever, what 
difpenfation foever may be granted us. We further 
fwear and promile, that we have not made, neither 
will we make, either in public or in fecret, any protef- 
tation or reclamation to the contrary, which may 
hinder that which is contained in thefe prelents, or 
lefiTen the force thereof, and if we fhould make any, 
what oath ibever they may be attended with, they 

(hull 



1787-] WITH FRANCE. 373 

fhall not have either force or virtue, or produce any 
effedt. 

And for greater fecurity, we have patted and do 
pafs the prefent act of renunciation, abdication, and 
relinquilhment, before mafters Anthony le Moyne 
and Alexander le Fevre, couniellors to the King, no* 
taries, minute-keepers, and feal-keepers at the Cha- 
telet of Paris, here-under written, in our palace royal 
at Paris, 1712, the nineteenth of November, before 
noon; and for caufing thefe prefents to be infmuated 
and regiftered in every place where it fhall appertain, 
we have conftituted the bearer to be our attorney, and 
we have figned thefe prefents, and the minute thereof 
remaining in the pofTefllon of the faid le Fevre, no- [ 
tary. 

Philip of Orleans. 

Le Moyne, Le 



WE Jerome d'Argouges, Knight, Lord of Fleury, 
counfellor to the King in his councils, honorary matter 
of the requefts of his houfehold, civil lieutenant of the 
city, provoftfhip, and vicounty of Paris, do certify to 
all to whom it fhall appertain, that mailer Anthony 
le Moyne, and Alexander le Fevre, who have figned 
the act of renunciation on the other fide, are coun- 
fellors to the King, notaries at the Chatelet of Paris> 
and that faith ought to .be given, as well in judgment 
as out of "the fame, to the acts by them received. In> 
witnefs whereof we have figned thefe prefents, caufed 
the fame to be counter-figned by our fecretary, and 
the feal of our arms to be affixed. At Paris, the. 
twenty-rait of November, 1712. . 

(Signed) D'Argouges. 

By my faid Lord, Barbey. 

\~ '.i^vi 

Read and publifhed, the court being affembled, and 

regiftered in the rolls of the court, the King's at- 

torney general being heard, and requiring the' 

B b3 fame, 



374 TREATIES [1259 

fame, that it may be executed according to its 
form and tenor, in puifuance of, and in con- 
formity to the acls of this day. At Paris, in Par^ 
liament, the fifteenth of March, 1713. 

(Signed) Dongois. 

Tbf Kings Letters Patents of the Month of December, 

1700. 

LEWIS, by the grace of God, King of France 
and Navarre, to all prefent and to come, greeting. 
The profperities which it has pleafed God to heap upon 
ws during the courfe of our reign, are fo many mo- 
tives to us, to apply ourfelves, not only for the time 
prefent, but alio for the future, to the happinefs and 
tranquillity of the people whereof Divine Providence 
has entrufted to us the government. His impenetra- 
ble judgments let us only fee, that we ought not to 
place our confidence, neither in our forces, nor in the 
extent of our dominions, nor in a numerous poilerity ; 
and that thefe advantages, which we receive from his 
goodnefs alone, have no other folidity than what it 
pleafcs him to give them. But as it is, however, his 
will, that the Kings, whom he chufes to lead his peo- 
ple, (hould forefce afar off the events able to produce 
diforders, and the moft bloody wars ; that they Ihould 
make ufe of the lights, which his divine wifdom pours 
upon them j we fulfil his defigns, when, in the midft 
of the univerfal rejoicings of our kingdom, we look 
upon, as a poflible thing, a fad futurity, which we pray 
God to avert for ever. At the fame time that we 
accept the will of the late King of Spain j that our 
moft dear and moft beloved fon the Dauphin renoun- 
ces his lawful right to that crown, in favour of his fe- 
cohd fon the Duke of Anjou, our moft dear and moft 
beloved grandfcn, inftituted by the late King of Spain, 
his univcrfal heir ; that this Prince, known at prefent by 
the name of Philip the Fifth, King of Spain, is ready to 
enter his kingdom^ and to anfwcr the earneft wifhes of 

his 



1727.3 WITH FRANCE. 

his new fubjefls; this great eyent does not. hinder us 
from carrying our views beyond the time prefent, and 
when our fucceJTion appears thq beft eftabliihed, we 
judge it to be equally the duty of a King, and of a 
Father, to declare, for the future, our will conform- 
ably to the "fentiments which thefe two qualities in- 
fpire in us. Wherefore, being perfuaded that the 
King of Spain, our grandfon, will always preferve for 
us, for our houfe, for the kingdom wherein he is 
born, the fame tendernefs, and the fame fentiments, 
whereof he has given us fo many proofs, that his ex- 
ample, uniting his new fubjects to ours, is going to 
form a perpetual amity, and the moft perfect cor- 
refpondence between them ; we fhould think likewife 
that we do him an injuftice, whereof we are incapa- 
ble, and occafion an irreparable prejudice to our king- 
dom, if we fhould hereafter look upon as a flranger, 
a Prince, whom we grant to the unanimous requefts 
of the Spanifh nation. 

For thefe caufes, and other great considerations us 
hereunto moving, of our fpecial grace, full power, and 
royal authority, we have refolved, declared, and or- 
dained, and by thefe prefents, figned with our hand, 
we do refolve, declare, and ordain, we will, and it is 
our pleafure, that our moft dear and moft beloved 
grandfon the King of Spain do preferve for ever the 
rights of his birth, in the fame manner as if he made 
his actual refidence in our kingdom ; wherefore our 
moft dear and moft beloved only fon the Dauphin, 
being the true and lawful fucceffor and heir of our 
crown, and of our dominions, and after hirn our moft 
dear and moft beloved grandfon the Duke of Bur- 
gundy, if it Ihould happen (which God forbid) that 
cur faid grandfon the Duke of Burgundy fhould 
come to die without male children, or that thofe 
which he Ihould have in good and lawful marriage 
Ihould die before him, or it* the faid male children 
ihould not leave any male children after them, born in 
lawful marriage, in fucfi cafe our faid grandfon the 
~ BbV 'King 



TREATIES [1259 

King of Spam, making ufe of the rights of his birth, 
is to be the true and lawful luccenYr to our crown, 
and to our dominions, notwithftanding he Ihould be 
at that time abfent, and refiding out of our faid king- 
dom j and immediately after his deccafe, his heirs male 
begot in lawful marriage, fhall come into the faid fuc- 
ceflion, notwithftanding that they may be born, or 
that they may dwell out of our kingdom ; we will 
that, for the abovefaid caufes, neither our faid grand- 
fon the King of Spain, nor his children, being males, 
be deemed and reputed lefs able and capable to enter 
upon the faid fucceffion, or upon others which may 
fall to them within our faid kingdom. On the con- 
trary, we intend, that all rights, and generally other 
things whatever, which may at prefent, or for the fu- 
ture, belong and appertain to them, be and remain 
preferved whole and intire, as if they did refide and 
dwell conftantly within our kingdom to the time of 
their deceafe, and as if their heirs had been natives 
2nd inhabitants of the kingdom ; having for this pur- 
pofe, as far as there is or fhall be need, enabled and 
'difpenfed with them, as we do enable and difpt-nfe 
with them by thefe prefents. And fo we give it in 
command to our beloved and trufty counfellors, the 
members of our Court of Parliament, and Chamber of 
our Accounts at Paris, Prefidznts and Treafurers Ge- 
neral of France in the office of our Exchequer efta- 
bliihed in the fame place, and to all others our offi- 
cers and juftices to whom it fhall appertain, that they 
caufe thefe prefents to be regillercd, and our faid 
grandfon the King of Spain, his children and defccnd- 
ants, being male, born in lawful marriage, to enjoy 
and ufe the contents thereof, fully and peaceably^ 
any tiling to the contrary notwithftanding ; to which, 
by our grace and authority, as abovefaid, we have 
derogated, and do derogate, for this is our pleafure. 
And th.:t this may be a matter firm and lading for 
ever, we have caufed our feal to be put to thefe pre- 
fents. Given at Vedailles, in the mouth of Decem- 



1787.] WITH FRANCE. 377 

her, in the year of our Lord 1700, and .of our reign 
the 58th. Signed LEWIS ; and on the fold, By the 
King, Pbelfyeaux ; and fealed with the great feal on 
green wax, with firings of red and green filk. 

Regiftered, the King's attorney general being heard, 
and requiring the fame, in order to their being 
executed according to their form and tenor, pur- 
fuant to the act of this day. At Paris, in Parlia- 
ment, the firft of February, 1701. 

(Signed) Mongols. 

NOW whereas it is provided and fettled by the 
preceding renunciation (which is always to have the 
force of a pragmatic, fundamental, and inviolable law) 
that at no time whatever either the Catholic King him- 
felf, or any one of his lineage, fhall feek to obtain the 
crown of France, or afcend the throne thereof; and 
by reciprocal renunciations on the part of France, and 
by fettlements of the hereditary fucceffion there, tend- 
ing to the fame purpofe, the crowns of France and 
Spain are fo divided and feparated from each other, 
that the aforefaid renunciations, and the other tranf- 
actions relating thereto, remaining in force, and being 
truly and faithfully obferved, they can never be joined 
in one. Wherefore the moil Serene Queen of Great 
Britain, and the moft Serene the moft Chriflian 
King, engage to each other folemnly, and on their 
Rpyal words, that nothing ever fhall be done by them, 
or their heirs and fuccefibrs, or allowed to be done by 
others, whereby the aforefaid renunciations, and the 
other tranfacYions aforementioned, may not have their 
full effect : but rather, on the contrary, their Royal 
Majefties, with joint counfels and forces, will always 
fincerely take that care, and ufe thofe endeavours, that 
the faid foundations of the public fafety may remain 
unfhaken, and be preferved untouched for ever. 

Moreover, the moil Chriflian King confents and 
engages, that he will not, for the intereft pf his fub- 

- jefts, 



37 8 TREATIES [,259 

iects hereafter endeavour to obtain, or accept of any 
other ufage of navigation and trade to Spain, and the 
Spanifh Indies, than what was practiled there in the 
reign of the late King Charles the Second of Spain, 
or than what lha]l likewife be fully given and granted, 
at the fame time, to. other nations ar. con- 

cerned in trade. 

VII. That there be a free ufe of navigation and 
commerce between the fubjec~b of both their Royal 
Majefties, as it was formerly in time of peace, and 
before the declaration of this lall war, and alfo as it 
is agreed and concluded by the treaty of commerce 
tliis day made between the two nations. 

VHI. That the ordinary diftnbution of juftice be 
revived, and open again, through the kingdoms and 
dominions of each of their Royal Majefties, fo that it 
may be free for all the (objects on both iidts to fue 
for and obtain their rights, pretenfions, and ar 
according to the laws, conftitutions, and ftatutcs of 
each kingdom. 

IX. The moft Chriftian King Hull take care that 
all the fortifications of the city of Dunkirk be razed, 
that the harbour be filled up, and that the fluices or 
molcs which ferve to cleanfe the harbour be levelled, 
and that at the faid King's own expence, within the 
fpace of five months after the conditions of peace are 
concluded and figned -, that is to fay, die fortifications 
towards the fea, within the fpace of two months, and 
thofe towards the land, together with the laid bank",, 
within three months ; on this exprefs condition alfo, 
that the faid fortifications, harbour, moles, or fluices, 
Ipe never repaired again. All which lhall not, how- 
ever, be be^un to be ruined, till after that ever)' tiling 
is pur into his Chriftian Majefty's hands, which is to 
be given him, infttad thereof, or as an equivalent. 

X. The faid moft Chriftian King (hall reilore to 
tibc kingdom amiQueeji of Great Britain, to be [>>!- 

feflkd 



1787.] WITH FRANCE. 379 

feffed in full right for ever, the bay and ftreights of 
Hudfon, together with all lands, feas, fea-coafts, ri- 
vers, and places fituate in the faid bay and ftreights, 
and which belong thereunto, no tracts of land or of 
fea being excepted, which are at prefent pofleflcd by 
the fubjecls of France. All which, as well as any 
buildings there made, in the condition they now are, 
and likewife all fortrefies there erected, either before 
or fince the French feized the fame, lhall, within fix 
months from the ratification of the prefent treaty, or 
fooner, if pofiible, be well and truly delivered to the 
Britifh fubjefts, having commiffion from the Queen 
of Great Britain to demand and receive the fame, 
entire and undemolifhed, together with all the cannon 
and cannon-ball which are therein, as alfo with a quan- 
tity of powder, if it be there found, in proportion to 
the cannon-ball, and with the other provifion of war 
ufually belonging to cannon. It is, however, provi- 
ded, that it may be entirely free for the company of 
Quebec, and all other the fubjects of the moft Chrif- 
tian King whatsoever, to go by land, or .by fea, whi- 
therfoever they pleafe, out of the lands of the faid bay, 
together with all their goods, merchandizes, arms, 
and effects, of what nature or condition foever, ex- 
cept fuch things as are above referved in this article. 
But it is agreed on both fides, to determine within a 
year, by commiflaries to be forthwith named by each 
party, the limits which are to be fixed between the 
faid Bay of Hudfon and the places appertaining to 
the French j which limits both the Britilh and French 
fubjects fhall be wholly forbid to pafs over, or thereby 
to go to each other by fea or by land. The fame 
commifTaries fhall alfo have orders to defcribe and fet- 
tle, in like manner, the boundaries between the other 
Britifh and French colonies in thofe parts. 

XI. The abovementioned moft Chriftian King fhall 
take care that fatisfaftion be given, according to the 
rule of juftice and equity, to the Englilh company 
trading to the Bay of Hudfon, for all damages and 

Ipoil 



3 8o TREATIES 

fpoil done to their colonies, fhips, perfons, and goods, 
by the hoftile incurfions and depredations of the 
French, in time of peace, an eitimate being made 
thereof by commiflaries to be named at the requifi- 
tion of each party. The fame commiflaries ihall 
moreover inquire as well into the complaints of the 
Britifh fubjects concerning fhips taken by the French 
in time of peace, as alfo concerning the damages fuf- 
tainecj laft year in the ifland called Montlerat, and 
others, as into thofe things of which the ^French fub- 
jects complain, relating to the capitulation in the 
ifland of Nevis, and caftle of Gambia, alfo to French 
Ihips, if perchance any fuch have been taken by Bri- 
tifh fubjects in time of peace j and in like manner 
into all difputes of this kind, which Ihall be found to 
have arifen between both nations, and which are not 
yet ended j and due juftice Ihall be done on both fides 
without delay. 

XII. The moft Chriflian King fhall take care to 
have delivered to the Queen of Great Britain, on the 
fame day that the ratifications of this treaty fhall be 
exchanged, foltrnn and authentic letters, or inftni- 
ments, by virtue whereof it fhall appear, that the 
ifland of St. Chriftopher's is to be poflefTcd alone 
hereafter by Britifh fubjects, likewife all Nova Scotia 
or Acadie, with its ancient boundaries, as alfo the city 
of Port Royal, now c.illed Annapolis Royal, and all 
other things in thofe parts, wjiich depend on the faid 
lands and iflands, together with the cjominion, pro- 
priety, and pofieflion of the faid iflands, lands, and 
places, and all right whatfoever, by treaties, or by any 
other way obtained, which the moft Chriftian King, 
the crown of France, or any the fubjects thereof, have 
hitherto had to the faid iflands, lands, and places, and 
the inhabitants of the fame, are yielded and made 
over to the Queen of Great Britain, and to her crown, 
for ever, as the moft Chriftian King doth at prrfent 
yitrld and make over all the particulars abovcfaid ; 
pn.i that in fuch ample manner and form, that the. 

fubjects 



1787.] WITH FliANCk. 3$r 

fubje&s of the moft Chriftian King fhall hereafter be 
'excluded from all kind of fiftiing in the faid feas, bays, 
and other places, on the coafts of Nova Scotia, that 
is to fay, on thofe which lie towards the eaft, within 
30 leagues, beginning from the ifland commonly 
called Sable, inclufively, and thence ftretching along 
'towards the fouth-weft. 

XIII. The ifland called Newfoundland, with the 
adjacent iflands, fhall from this time forward belong 
of right wholly to Britain ; and to that end the town 
and fortrefs of Placentia, and whatever other places in 
the faid. ifland are in the pafleflion of the French, 
ihall be yielded and given up, within feven months 
from the exchange of the ratifications of this treaty, or 
fooner, if poflible, by the moft Chriftian King, to 
thofe who have acommiflion from the Queen of Great 
Britain for that purpofe. Nor fhall the moft Chrif- 
tian King, his heirs and fucceflbrs, or any of their 
Subjects, at any time hereafter, lay claim to any right 
to the faid ifland and iflands, or to any part of it, or 
them. Moreover, it fhall not be lawful for the fub- 
jects of France to fortify any place in the faid ifland 
of Newfoundland, or to erect any buildings there, be- 
fides ftages made of boards, and huts necefiary and 
ufual for drying of fifli j or to refort to the faid ifland, 
beyond the time neceflary for fifhing, and drying of 
fifh. But it fhall be allowed to the fubjecls of France 
to catch fifti, and to dry them on land, in that part 
only, and in no other befides that, of the faid ifland 
of Newfoundland, which ftretches from the place 
called Cape Bonavifta to the northern point of the faid 
ifland, and from thence running down by the weftern. 
fide, reaches as far as the place called Point Riche. 
But the ifland called Cape Breton, as alfo all others, 
both in the mouth of the river of St. Lawrence, and 
in the gulph of the fame name, fhall hereafter belong 
of right to the French, and the moft Chriftian King 
ihall have all manner of liberty to fortify any place 
or places there. 

XIV. It 



TREATIES [ r2 ^ 

XIV. It is exprefsly provided, that in all the faid 
places and colonies to be yielded and reflored by the 
moft Chriftian King, in purluance of this treaty, die 
fubjects of the faid King may have liberty to remove 
themfelves, within a year, to any other place, as they 
lhall think fit, together with all their moveable effcds. 
But thofe who are willing to remain there, and to be 
fubjeft to the kingdom of Great Britain, are to enjoy 
the free exercifc of their religion, according to the ufage 
of the church of Rome, as far as the laws of Great 
Britain do allow the fame. 

XV. The fubjefts of France inhabiting Canada, 
and others, (hall hereafter give no hinderance or mo- 
leftation to the five nations or cantons of Indians, fub- 
jeft to the dominion of Great Britain, nor to the other 
natives of America, who are friends to the fame. In 
like manner, the fubjecb of Great Britain fhall behave 
themfelves peaceably towards the Americans who are 
fubjeds or friends to France j and on both fides they 
lhall enjoy full liberty of going and coming on ac- 
count of trade. As alfo the natives of thofe countries 
lhall, with the fame liberty, refort, as they pleafe, to 
the Britifh and French colonies, for promoting trade 
on one fide and the other, without any moleitation 
or hinderance, either on the part of the Britifh fub- 
jc(5ls or of the French. But it is to be exactly and 
diftin&ly fettled by commiflaries, who are, and who 
ought to be accounted the fubje&s and friends of 
Britain or of France. 

XVI. That all letters, as well of reprifal as of 
mark and counter-mark, which have hitherto on 
any account been granted on cither fide, be and re- 
main null, void, and of no efiecl:; and that no letters 
of this kind be hereafter granted by either of their faid 
Royal Majefties, againft the fubjefts of the other, un- 
lefs there lhall have been plain proof beforehand of a 
denial or wrongful delay of juftice; and unlefs the 
petition of him, who defires the grant of letters of re- 
prifal, 



1787.] WITH FRANCE. 383 

prifal, be exhibited and fhewn to the minifter, who 
refides there in the name of that Prince, againft whofe 
fubjects thofe letters are demanded, that he within the 
fpace of four months, or fooner, may make enquiry 
to the contrary, or procure that fatisfaclion be forth- 
with given to the plaintiff by the party accufed. But 
in cafe no minifter be refuting there from that Prince, 
againft whofe fubjefts reprifals are demanded, that 
letters of feprifal be not granted till after the ipace of 
four months, to be computed from the day whereon 
the petition was exhibited and prefehted to the Prince, 
againft whofe fubjefts reprifals 'ate defired, or to his 
privy council. 

XVII. Whereas it is exprefsly ftipulated, among 
the conditions of the Tufpenfion of arms, made be- 
tween the abovementioned contracting parties the 4*- 
day of Auguft kft paft, and afterwards prolonged for 
four months more, in what cafes fhips, merchandizes, 
and other moveable effedls, taken on either fide, fhouki 
either become prize to the captor, or be reftored to 
the former proprietor j it is therefore agreed, that in 
tnbfe cafes the conditions of the aforefaid fufpehfion of 
arms {hall remain in full force, and that all things re- 
lating to fuch captures, made either in the Britrfh arid 
Northern feas, or in any other place, iliall be well 
and truly executed according to the tenor of the 
fame. 

XVIII. But in cafe it happen through inadver- 
tency, or imprudence, or any other caufe .whatsoever, 
that any fubjecT: of their aforefaid Royal Majefties do 
or commit any thing, by land, by fea, or on frefh wa- 
ters, in any part of the world, whereby this prefertt 
treaty be not obferved, or whereby any particular 
article of the fame hath not its effecl, this peace and 
good correfpondence, between the Queen of Great 
Britain and the moft Chriftian King, fliall not be 
therefore interrupted or broken, but fhall remain in 
its former ftrength, force, and vigour. But that fub- 



3 g 4 TREATIES [1159 

ject alone fhall be anfwerable for his own fact, and 
fhall fuffer the punifliment which is inflicted by the 
rules and directions of the law of nations. 

XIX. However, in cafe (which God Almighty for- 
bid) the diflenfions which have been laid afleep fliould 
at any time be renewed, between their faid Royal 
Majefties, or their fucceflbrs, and break out into open 
war, the fhips, merchandizes, and all the effects, both 
moveable and immoveable, on both fides, which fhall 
be found to be and remain in the ports, and in the 
dominions of the adverfe party, fhall not be confifca- 
ted, or any wife endamagedj but the entire fpace of 
fix months, to be reckoned from the day of the rup- 
ture, lhall be allowed to the faid fubjects of each of 
their Royal Majefties, in which they may fell the aforc- 
faid things, or any part elfe of their effects, or carry 
and remove them from thence whither they pleafc, 
without any moleftation, and retire from thence them- 
felves. 

XX. Juft and reafonable farisfaction fhall be given 
to all and fingular the allies of the Queen of Great 
Britain, in thofe matters which they have a right to 
demand from France. 

XXI. The moft Chriftian King will, in confidera- 
tion of the fi iendihip of the Queen of Great Britain, 
grant, that in making the treaty with the Empire, 
all things concerning die ftate of religion, in the afore - 
faid Empire, fhall be fettled conformable to the tenor 
of the treaties of Weftphalia, fo that it fhall plainly 
appear, that the moft Chriftian King neither \\iil 
have, nor would have had any alteration made in the 
{aid treaties. 

XXII. Moreover, the moft Chriftian King en- 
gages, that he will forthwith, after the peace is made, 
caufe juftice to be done to the family of Hamilton, 
concerning the dukedom of Chatelraut ; to the Duke 
of Richmond, concerning fuch requefts as he has to 

make 



1787.] WITH FRANCE. 385 

make in France ; as alfo to Charles Douglas, con- 
cerning certain lands' to be reclaimed by him, and to 
others. 

^ XXIII. By the mutual confent of the Queen of 

?u Ca k Bntain ' andof the moft Chr ifo*n King, the 
iuojefts of each party, who were taken prifoners dur- 
ing the war, fliall be fet at liberty, without any dif- 
tmdhon or ranfom, paying fuch debts as they Ihall 
have contracted i n the time of their being pri- 
foners. 

XXIV. It is mutually agreed, that all and fmu- 
lar the conditions of the peace, made this day be- 
tween his Sacred Royal moft Chriftian Majefty, and his 
Sacred Royal Majefty of Portugal, be confirmed by 
this treaty ; and her Sacred Royal Majefty of Great 
Britain takes upon herfelf the guaranty of the fame 
to the end that it may be more firmly and inviolably 
obferved. J 

. XXV. The treaty of peace made this day between 
his Sacred Royal moft Chriftian Majefty, arid his 
Iloyal Highnefs the Duke of Savoy, is particularly 
included in this treaty, as an efiential part of it, and 
is confirmed by it, in the fame manner as if it were 
word for word inferted therein; her Royal Majefty 
of Great Britain declaring exprefsly, that fte will be 
bound by the ftipulations of fecurity and guaranty 
promifed therein, as well as by thofe which ihe has 
formerly taken upon herfelf. 

. X X VI - The m ft Serene King of Sweden, with 
his kingdoms, dominions, provinces, and rights, as 
alfo the Great Duke of Tufcany, the Republic of 
Genoa, and the Duke of Parma, are in the beft man- 
ner included in this treaty. 

XXVII. Their Majefties have alfo been pleafed to 
comprehend in this treaty the Hans-Towns, name- 
ly, Lubec, Bremen, and Hamburg, and the city of 
Pantzic, with this effec% that as foon as the general 

VOL. I. Cc peace 



TREATIES [1259 

peace ftiall be concluded, the Hans-Towns and the 
city of Dantzic may, for the future, as common 
friends, enjoy the ancient advantages which they have 
heretofore had in the bufmefs of trade, either by trea- 
ties or by old cuftom. 

XXVIII. Thofe fhall be comprehended in this 
prefent treaty of peace, who fhall be named by com- 
mon confent, on the one part and on the other, be- 
fore the exchange of the ratifications, or within fix 
months after. 

XXIX. Laftly, Solemn ratifications of this pre- 
fertt treaty, and made in due form, fhall be exhibited 
on both fides at Utrecht, and mutually and duly ex- 
changed within the fpace of, four weeks, to be compu- 
ted from the day of the figning, or fooner if pof- 
fible. 

XXX. In witnefs whereof, we the under-written 
Ambafladors Extraordinary and Plenipotentiaries of 
the Queen of Great Britain, and of the moft Chrif- 
tian King, have put our feals to thefe prefent inftru- 
ments, fubfcribed with our own hands, at Utrecht, the 

^ of ' mt 



(L. S.) Job. Briftol, C. P. S. (L. S.) Htucelfa. 
(L. S.) Strafftrd. (L. S.,) Mefnager. 

ANNE R. 

ANNE, by the grace of God, Queen of Great: 
Britain, France, and Ireland, Defender of the faith, 
&c. ; to all and fingular to whom thefe prefents lhall 
come, greeting. Whereas the Congrefs that was held 
at Utrecht in the beginning of the laft year, for making 
a general peace, has been drawn out into length above 
tht-fe fourteen months by various obftacles, which 
have been tlirown in the way, contrary to our hopes 
and wifhes; but now, by the favour and goodneis of 
Almighty God (who has been plealed to infpire the 
love of concord more ftrongly into the breafts of the 

parties 



1787-] WITH FRANCE. 387 

parties engaged in war) it feems happily to tend to- 
wards the end fo long defired, and fo neceffary for the 
tranquillity and welfare of Europe ; we, having at laft 
adjufted with our good brother the moft Chriftian 
King our matters on both fides, relating both to peace 
and to commerce, to the end that our minifters, who 
have hitherto, under the title of Plenipotentiaries, ap- 
plied themfelves, with our higheft approbation, to the 
difcharge of this employment, may, with greater fplen- 
dor, put an end to this moll wholefome work, 
have thought fit to give them the moft honourable 
character of our AmbarTadors Extraordinary. Now 
know ye, that we repofmg efpecial confidence in the 
loyalty, induftry, experience, and fagacity in managing 
matters of great importance, of the Right Reverend 
Father in God our right trufty and well-beloved Coun- 
fellor John Biihop of Briftol, Keeper of our Privy Seal, 
Dean of Windfor, and Regifter of our moft Noble 
Order of the Garter j and of our right trufty and right 
well-beloved Coufin and Counfellor Thomas Earl of 
Strafford, Viicount Wentworth of Wentworth Wood- 
houfe and Stainborough, Baron of Raby, Lieutenant 
General of our forces, Firft Commifiioner of our Ad- 
miralty, Knight of our moft Noble Order of the Gar- 
ter, and our AmbafTador Extraordinary and Plenipo- 
tentiary to the High and Mighty Lords the States Ge- 
neral of the United Netherlands; have named, made, 
and conftituted them, as by thefe prefents we do name, 
make,, and conftitute them, our true, certain, and un- 
doubted Ambafladors Extraordinary, Commiflaries, 
Procurators, and Plenipotentiaries, giving and grant- 
ing to them, jointly and feparately, all and all manner 
of power, faculty, and authority, as alfo both general 
and fpecial order (but fo as the general do not dero- 
gate from the Ipecial, nor on the contrary) to meet 
and confer in die city of Utrecht, or in any other 
place, with the Ambafladors Extraordinary and Ple- 
nipotentiaries, which the faid moft Chriftian King fhall 
fcave deputed on his part, being furnilhed with fuffi- 
C c 2 cient 



jS3 TREATIES [1259 

cient authority, and to treat, agree, and conclude con- 
cerning fafe, lafting, and honourable conditions of peace 
and friendfhip between us and the faid mod Chriltian 
King j and to fign for us, and in our name, all fuch 
things as fhall be fo agreed and concluded j and to 
make out fuch and fo many inftruments of what is con- 
cluded, as fhall be neceffary, and to exchange and 
mutually receive the fame ; and generally to do and 
perform all fuch things as they {hail judge neceflary, 
or any way conducible towards making and fettling 
die conditions of peace and friendfhip, as is abovefaid, 
in as ample manner and form, and with the like force 
and effect, as we ourfelves might do and perform, if 
we were prefent ; engaging and promifing on our Royal 
word, that we will accept, approve, and ratify, in the 
fame manner and form as they have been agreed, all 
and every thing that by virtue of thefe prefents fhall 
happen to be tranfacted, concluded, and figned by our 
faid Ambafiadors Extraordinary, Commiffaries, Pro- 
curators, and Plenipotentiaries, jointly or feparately. 
In witnefs and confirmation whereof we have c< m- 
manded our great feal of Great Britain to be affixed 
to thefe prefents, figned with our Royal hand. Given 
at our palace of St. James's, the 24th day of the month 
of March, in the year of our Lord 17 \ -;, and of our 
reign the twelfth. 

LEWIS, by the grace of God, King of France 
and Navarre, to all who fhall fee thefe prefents, greet- 
ing. Whereas we have omitted nothing for contri- 
buting with all our might towards the re-eltabliihmcnt 
of a fincere and folid peace; and as our molt dear 
and moft beloved fitter the Queen of Great Britain 
has fhewn the fame defire, and as there is room to 
hope, .that the conferences which are held at Utrecht, 
for attaining to fo defirabk a good, will in a little time 
have a happy iffue i and being willing likewife to ap- 
ply ait our care for promoting the efrcft th 
lepofuig entire confidence in the cauacii 

. 



1787-] WITH FRANCE. 38.9 

ence, zeal, and fidelity for our fervice, of our moft 
dear and well-beloved coufin, the Marquis cTHux- 
elles, Marftal of France, Knight of our Orders, and 
our Lieutenant General of the government of Bur- 
gundy, and of our dear and well- beloved the Sieur 
Mefnager, Knight of our Order of St. Michael. For 
theft- caufes, and other good confiderations us here- 
unto moving, we have commiflioned, ordained, and 
deputed, as by thefe prefents, figned w-ith our hand, 
we do commifFion, ordain, and depute the faid Sicurs 
Marfhal d'Huxelles and Mefnager, and have given, 
and do give .to them, fill] ppwer, commiiTion., and Ipe- 
cial command, in quality of our Ambaffadors Exn aor* 
dinary, and our Plenipotentiaries, to confer, negoti- 
ate, and treat with the Ambafladors Extraordinary, 
Plenipotentiaries of our faid filter, provided with her 
powers in due form, to agree, conclude, and fign fucli. 
treaties of peace, articles, and conventions, as they 
{hall fee good. We will that in cafe of abfence o/one 
of them by ficknefs, or through any other lawful 
caufe, the other have the fame power to confer, ne- 
gotiate, treat, agree, conclude^ and fign fuch treaties^ 
*>f peace, articles, and conventions, as fhall be agree- 
able to the good of the peace which we propofe to 
ourfelves, and to the reciprocal advantage of our fub- 
jects, fo that our faid AmbaiTadors Extraordinary and 
Plenipotentiaries may aft, in all which fhall belong to 
the negotiation with our feid fitter, with the fame- au- 
thority as we fhould and might do, if we were prefent 
in perfon, although there -fhould be fomething which 
might require a more, fpecial order than is contained 
in thefe prefects. We promife, on the faith and word 
of a King,- to approve, and to' keep firm and lafting 
for ever, to fulfil and execute punctually, all that the 
laid Sieurs Marfhal d'Huxelles and Meihager* or one 
of them, in the iaid cuff 5 of abfence, or of iicknefs, 
fhall flipulate, promHe, and fign, by virtue of this pre- 
fent power, without ever acting contrary thereto, cr 
- that . any- thing be done to -the -contrary, on 

" 



3 9 o TREATIES [1259 

any caufe, or under any pretence whatfoever ; as like- 
wife to caufe our letters ratifying the fame to be dif- 
patched, in good form, and to caufe them to be de- 
livered, in order to be exchanged, within the time 
which fhall be agreed on by the treaties to be made. 
For this is our pleafure. In witnefs whereof we have 
caufed our feal to be affixed to thefe prefents. Given 
at Verfailles, the fourth day of March, in the year of 
our Lord 1713, and of our reign the feventieth. Sign- 
ed LEWIS 3 and on the fold, By the King, Colbert. 



[The following is printed from the copy, which was 
publifhed by authority in 1713. 

fbs Treaty cf Navigation and Commerce between the 
moji Serene and moft Potent Princejs Anne, by the 
Grace of God> Queen of Great Britain, France, 
and Ireland, and the moft Serene and moft Potent 
Prince Lewis the XlVth, the moft Chriftian King, 
concluded at Utrecht the -?-,'- Day of ^i 1 1713. 

WHEREAS the moft Serene and moft Potent 
Princefs and Lady Anne, by die grace of God, 
Queen of Great Britain, France, and Ireland, and the 
moft Serene and moft Potent Prince and Lord Lewis 
the Fourteenth, by the grace of God, the moft Chrif- 
tian King, fmce they applied their minds, by die dif- 
pofal of the Almighty, to the ftudy of peace, have 
both been moved with an earneft defire to increafe the 
advantages of their fubjects, which are to arife there- 
from, by a reciprocal liberty of navigation and com- 
merce, which ought to be as well the principal fruit 
as eftablifhment of peace : and to that end they have 
moft gracioufly given inftruc~lions to their Ambafia- 
dors Extraordinary and Plenipotentiaries, going to the 
congrefs at Utrecht, that they fhould employ their 
utmoft diligence and care both to re-eftablifh peace, 
and to renew the former treaties of commerce between 
die two nations, and to adapt them to the prefent 

ftate 



1787-] WITH FRANCE. 391 

ftate of affairs ; that is to fay, her Sacred Royal Ma- 
jefty of Great Britain, to the Right Reverend John, 
by Divine permifTion, Bilhop of Briftol, Keeper of 
the Privy Seal of England, one of her Majefty's Pri- 
vy Council, Dean of Windfor, and. Regiiler of , the 
moft Noble Order of the Garter : as alib to the moft 
Noble, Illuftrious, and Excellent Lord Thomas Earl 
of Strafford, Vifcount Wentworth of Wentworth- 
Woodhoufe, and Stainborough, Baron of Raby, one 
of her Majefty's Privy Council, her Ambaflador Ex- 
traordinary and Plenipotentiary to the High and 
Mighty Lords die States General of the United Ne- 
therlands, Colonel of her Majefty's regiment of dra- 
goons, Lieutenant General of her Majefty's forces, 
Firft Lord CommilTioner of the Admiralty of Great 
Britain and Ireland, and Knight of the moft Noble 
Order of the Garter : and his Sacred Royal moft 
Chriftian Majefty, to the moft Noble, Illuftrious, and 
Excellent Lords Nicolas Marquis of Huxelles, Mar- 
fhal of France, Knight of the King's Orders, and 
Lieutenant General of the dukedom of Burgundy ; 
and Nicolas Mefnager, Knight of the King's Order 
of St. Michael. Whereupon the faid Ambafladors, 
to the end that the defign of their Royal Majefties, 
which is fo pious and wholefome, might attain the 
d^fired effect, having had feveral conferences upon 
that affair, and having adj lifted the principal matters 
on both fides, as far as they could in fo fhort a time, 
after having communicated to each other, and duly 
exchanged, the full powers wherewith they were pro- 
vided for this purpofe, copies whereof are inlerted 
word for word at the end of this inftrument, have 
agreed upon articles of navigation and commerce, in. 
manner and form as follows. 

I. IT is agreed and concluded between the moft 
Serene and moft Potent Queen of Great Britain, and 
the moft Serene and moft Potent the moft Chriftian 
King, that there fhall be a reciprocal and entirely per- 
fect liberty of navigation and commerce between the 
C c 4 fubje&s 



TREATIES [1259 

fubjefts on each part, through all and every the king- 
doms, ftates, dominions, and provinces of their Royal 
Majefties in Europe, concerning all and fingular kinds 
of goods, in thofe places, and oh thofe conditions, and 
in fiich manner and form, as is fettled and adjufled in 
the following articles. 

II. But that the commerce and friendfliip between 
the fubjects of the abovcfaid parties may be hereafter 
fecure, and free from all trouble and moleftation, it is 
agreed and concluded, that if at any time any ill un- 
derftanding and breach of friendfliip, or rupture, fhould 
happen between the crowns of their Royal Majefties 
(which God forbid) in fuch cafe the term of fix months 
ifhall be allowed, after the faid rupture, to the fnbjefts 
and inhabitants on each part, refiding in the dominions 
of the other, in which they themfelves may retire, to- 
gether with their families, goods, merchandizes, and 
effects, and carry them whitherfoever they fhall pleafej 
as like wife at the fame time the felling and difpofing of 
their goods, both moveable and immovcablc, ftuill be 
allowed them freely, and without any difturbance ; and 
in the mean time their go< ds, effects, wares, and mer- 
chandizes, and particularly their perfons, (hall not be 
detained or troubled by an eft or feizure : but rather, in 
the mean while, the fubjects on each fide fhall have 
and enjoy good and fpeedy juftice, fo that, during the 
faid fpacc of fix months, they may be able to recover 
their goods and effects, emrufted as well to the public 
as to private perfons. 

III. It is likewife agreed and concluded, that the 
fubjects and inhabitants of the kingdoms, provinces, 
and dominions of each of their Royal Majefties, fhall 
exercife no acts of hoftility and violence againft each 
other, neither by fca nor by land, nor in rivers, ftreanis, 
ports, or haven?, under any colour or pretence vhat- 
loever; fo that the fubjects of either party fhall receive 
no patent, commiflion, or inftruction, fjr arming and 
acting at fea as privateers, nor letters of reprifal, as 

they 



1787.] WITH FRANCE. 393 

they are called, from any princes or ftates, which are 
enemies to one fide or the other; nor, by virtue or 
under colour of fuch patents, commiflions, or reprifals, 
fhall they difturb, or infeft, or any way prejudice or da- 
mage the aforefaid fubjects and inhabitants of the 
Queen of Great Britain, or of the moft Chriftian King; 
neither fhall they arm {hips in fuch manner as is above - 
faid, or go out to fea therewith. To which end, as 
often as it is required by either fide, ftrict.and exprefs 
prohibitions fhall be renewed and publifhed in all the 
regions, dominions, and territories of each party where - 
foever, that no one fhail in any wife ufe fuch commif- 
fions or letters of reprifal, under the fevereft punifhment 
that can be inflicted on the tranfgrefTors, befides refti- 
tution and full fatisfaction to be given to thofe to 
whom they have done any damage ; neither fhall any 
letters of reprifal be hereafter granted on either fide, 
by the faid confederates, to the detriment or difadvan- 
tage of the fubjefts of the other, except in fuch cafe 
only as juftice is denied or delayed; to which denial or 
delay credit fhall not be given, unlefs the petition of 
the perfon who defires the faid letters of reprifal be 
communicated to the Minifter refiding there on the 
part of the Prince againft whofe fubjects they are to 
be granted, that within the fpace of f jur months, or 
fooner, if it be poflible, he may evince the contrary, or 
procure the performance of what is due to juftice.^ 

IV. The 'fubjefts and inhabitants of each of the 
aforefaid confederates fhaii have liberty, freely and 
fecureiy, without licence or paiTport, general or fpecial, 
by land or by fea, or any other way, to. go into the 
kingdoms, countries, provinces, lands, iflands, cities, 
villages, towns, walled or unwaiied, fortified or unfor- 
tified, ports, dominions, or territories whatfoever, of 
the other confederate, in Europe, there to enter, and 
to return from thence, to abide there, or to pafs 
through the fame, and in the mean time to o buy and 
pu; chafe, as they pieafe, all things neceffary for their 
fubfiftence and ui'ej and they fhall be treated with all 

mutual 



394 TREATIES [1259 

mutual kindnefs and favour. Provided, however, that 
in nil thcie matters they behave and comport thcmfelves 
conformably to the laws and itatutes, and live and 
converfe with each other friendly and peaceably, and 
keep up reciprocal concord by all manner of good un- 
derftanding. 

V. The fubje&s of each of their Royal Majefties 
may have l.~ave and licence to come with their (hips, 
as alib with the merchandizes and goods on board the 
fame (the trade and importation whereof are not pro- 
hibited by the laws of either kingdom) to the lands, 
countries, cities, ports, places, and rivers of either fide, 
in Europe, to enter into the fame, to refort thereto, to 
remain and refide there, without any limitation of 
alfo to hire houfrs, or to lodge with other people, and 
to buy all lawful kinds of merchandizes, where they 
think fit, from the firft workman or feller, or in any 
other manner, whether in the public market for the 
fale of things, in mart towns, fairs, or wherefoever 
thofe goods are manufaftured or foldj they may like- 
wife lay up and keep in their magazines and warc- 
houfes, and from thence expofe to fale, merchandizes 
brought from other parts ; neither fhail they be in any 
wife obliged, unlefs willingly and of their own accord, 
to bring their faid merchandizes to the marts and fairs, 
on this condition, however, that they lhall not fell the 
llune by retail in (hops, or any where elfe. But they 
are not to be loaded with any impofitions or taxes on 
account of the faid freedom of trade, or for any other 
cauie whatfoever, except what are to be paid for their 
fhips and goods according to the laws and cuftoms 
received in each kingdom. And moreover they fhall 
have free leave, without any moleftation, to remove 
themielves, alfo, if they lhall happen to be married, 
their wives, children, and fervants, together with their 
merchandizes, wares, goods, and effects, either bought 
or imported, whenfoever and whitherfoever they lhall 
think fit,, out of the bounds of each kingdom, by land 
and by fea, on the rivers and frefh waters, difcharging 
8 the 



1787.] WITH FRANCE. 395 

the ufual duties, notwithstanding any law, privilege, 
grant, immunity, or cuftom, in any wife importing 
the contrary. But in the bufinefs of religion, there 
{hall be an entire liberty allowed to the fubjecls of each 
of the confederates, as alfo, if they are married, to their 
wives and children ; neither fhall they be compelled to 
go to the churches, or to be prefect at the religious 
worfhip in any other place. On the contrary, they 
may, without any kind of moleftation 3 perform their 
religious exercifes after their own. way, although it 
be forbid by the laws of the kingdom, privately and 
within their own walls, and without the admittance of 
any other perfons whatfoever. Moreover, liberty 
fhall not be refufed to bury the fubjecls of either 
party, who die in the territories of the other, in con- 
venient and decent places, to be appointed for that 
purpofe, as occafion fhall require; neither ihall the 
dead bodies of thofe that are buried be any ways mo- 
lefted. The laws and ftatutes of each kingdom {hall 
remain in full force, and fhall be duly put in execution, 
whether they relate to commerce and navigation, or to 
any other right, thofe cafes only being excepted, con- 
cerning which it is otherwife determined in the articles 
of this prefent treaty. 

VI. The fubjecls of each party fhail pay the tolls, 
cuftoms, and duties of import and export through ail 
the dominions and provinces of either party,, as are 
due and accuftomed. And, that it may be certainly 
known to every one what are all the faid tolls, cuftoms, 
and duties of import and export, it is likewife agreed, that 
tables fhewing the cuftoms, port-duties, and impofts, 
|hall be kept in public places, both at London, and in 
other towns within the dominions of the Queen of Great 
Britain, and at Roan, and other towns of France,, where 
trading is ufed ; whereunto recourfe may be had, as often 
as any queftion or dilpute arifes concerning fuch port- 
duties, cuftoms, and impofts ; which are .to be de- 
manded in fuch manner, and no otherwife, as fhall be 

agreeable 



39 6 TREATIES [1259 

agreeable to the plain words and genuine fenfe of the 
abovefaid tables. And if any officer, or' other per'bn 
in his name, fhall, under any pretence, publicly or 
privately, directly or indireclly, afk or take of a mer- 
chant, or of any other perfbn, any furn of money, or 
any thing elfe, on account of right, dues, ftipend, ex- 
hibition, or compenfarion, although it be under the 
name of a free gift, or in any other manner,- or under 
any other pretence, more, or otherwife, than wl, 
prefcribed above, in fuch cafe the faid officer, or his 
deputy, if he be found guilty, and convi&ed of the 
fame before a competent judge*, in the country where 
the crime was committed, (hail give full fatisfacYion 
to the party that is wronged, and Ihnll likewifc be pu- 
nilhed according to the direction of the laws. 

VII. Merchants, mafters of (hips, owners, mariners, 
men of all kinds, (hips, and all merchandizes in ge- 
neral, and effects of one of the confederates, and of 
his fubjefts and inhabitants, fhall on no pub.ic or pri- 
vate account, by virtue of any general or fpccial cdift, 
be feized in any the lands, ports, havens, fhores, or 
dominions whatsoever of the other confederate, for the 
public ufe, for warlike expeditions, or for any other 
caufc; much lefs, for the privape ufe of any one, fhall 
they be detained by arrefts, compelled by violence, or 
under any colour thereof, or in any will- molefted or 
injured. Moreover, it fhall be unlawful for the fub- 
jecls of both parties to take any thing, or to extort it 
by force, except the perfon to whom it belongs confent, 
and it be paid for with ready money. Which, how- 
ever, is not to be tmderftood of that detention and 
feizure which (hall be made by the command and au- 
thority of juflice, and by the ordinary methods, on 
account of debt, or crimes , in re(pc6l whereof the 
proceeding mud be by way of law, according to the 
form of juftice. 

VIII. Furthermore, it is agreed and concluded, as a 
general rule, that all and fingular the fubjecls of the mod 

Serene 



1787.] WITH -FRANCE. 397 

Serene Queen of Great Britain, and of the moft Serene 
the moft Chriftian King, in all countries and places fub- 
jeer, to their power on each fide, as to all duties, impofi- 
tions, or cuftoms whatfoe ver, concerning perfons, goods, 
and merchandizes, fhips, freights, feamen, navigation, 
and commerce, iliall ufe and enjoy the fame privileges, 
liberties, and immunities at leaft, and have the like 
favour in all things, as well in the courts of juftice, as 
in all luch things as relate, either to commerce, or to 
any other rights whatever, which any foreign nation, the 
moft favoured, has, ufes, and enjoys, or may hereafter 
have, ufe, and enjoy. 

IX. It is further agreed, that within the Ipace of 
two months after a law Ihall be made in Great Britain, 
whereby it hall be fufEciently provided, that no more 
cuftoms or duties be -paid for goods and merchandizes 
brought from France to Great Britain, than what are 
payable for goods and merchandizes of the like nature 
imported into Great Britain from any other country in 
Europe j and that all laws made in Great Britain fmce 
the year 1664, for prohibiting the importation of any 
goods and merchandizes coming from France, which 
were not prohibited before that time, be repealed; the 
general tariff made in France the i Sth day of September 
in the year 1664, {hall take place there again, and the 
duties payable in France by the fubjects of Great Bri- 
tain, for goods imported and exported, fhall be paid 
according to the tenor of the tariff above-mentioned, 
and fhall not exceed the rule therein fettled, in the 
provinces whereof mention is there made, and in the 
other provinces the duty Ihall not be payable other- 
wife than according to the rule at that time preicribed : 
and all prohibitions, tariffs, edicts, declarations, or de- 
crees, made in France fmce the faid tariff of the year 
1664, and contrary thereunto, in reipect to the goods 
and merchandizes of Great Britain, fhall be repealed. 
But whereas it is urged on the part of France, that 
certain merchandizes, that is to fay, manufactures of 
wool, fugar, faked fifh, and the product of whales, be 
3 excepred 



3 9 3 TREATIES [1259 

excepted out of the rule of die above-mentioned tariff, 
and likewife other heads of matters belonging to this 
treaty remain, which having been propofed on the part 
of Great Britain, have not yet been mutually adjufted, 
a fpecification of all which is contained in a feparate 
inftrument fubfcribed by the Ambafiadors Extra- 
ordinary and Plenipotentiaries on both fides; it i 
hereby provided and agreed, that within two montlis 
from the exchange of the ratifications of this treaty, 
commiffaries on both fides fhall meet at London, to 
confider of and remove the difficulties concerning the 
merchandizes to be excepted out of the tariff of the 
year 1664, and concerning the other heads, which, as 
is abovcfaid, are not yet wholly adjufted. And at the 
fame time the faid commiflaries (hall likewife endea- 
vour (which feems to be very much for the intereft of 
both nations) to have the methods of commerce on 
one part, and of the other, more thoroughly examined, 
and to find out and eftablifh juft and beneficial means 
on both fides for removing the difficulties in this mat- 
ter, and for regulating the duties mutually. But it is 
always underftood and provided, that all and fingular 
the articles of this treaty do in the mean while remain 
in their full force, and efpecially that nothing be 
deemed, under any pretence whatfoever, to hinder the 
benefit of the general tariff of die year 1664 from 
being granted to the fubjects of her Royal Majefty of 
Great Britain, and the faid Britilh fubjects from hav- 
ing and enjoying die fame, without any delay or ter- 
giverfation, within the fpace of two months after a Jaw 
is made in Great Britain as abovefaid, in as ample 
manner and form as the fubjedls of any nation, the mod 
favoured, might have and enjoy the benefit of the 
aforefaid tariff, any thing to be done or difcuffed by 
the faid commhTaries to the contrary in any wife not- 
withftanding. 

X. The duties on tobacco imported into France, 
either in the leaf, or prepared, fhall be reduced here- 
after to the fame moderate rate as the faid tobacco 

of 



1787.] WITH FRANCE. 399 

of the growth of any country in Europe or America, 
being brought into France, does or fhall pay. The 
fubjects on both fides fhall alfo pay the fame duties in 
France for the faid tobacco i there fhall be likewife 
an equal liberty of felling it j and the Britifh fubjecls 
fhall have the fame laws as the merchants of France 
themfelves have and enjoy. 

XL It is likewife concluded, that the impofition or 
tax of $ofols 'Tcurnois, laid on Britifh fhips in France 
for every ton, fhall wholly ceafe, and be from hence- 
forward annulled. In like manner the tax of five 
fhillings fterling laid on French fhips in 'Great Britain 
for every ton, fhall ceafe j neither fhall the fame, or 
any the like impofitions, be laid hereafter on the fhips 
of the fubjefts on either fide. 

XII. It is further agreed and concluded, that it fhall 
be wholly free for all merchants, commanders of ihips, 
and other the fubjects of the Queen of Great Britain, 
in all places of France, to manage their own bufinefe 
themfelves, or to commit them to the management of 
whomfoever they pleafe, nor fhall they be obliged to 
make ufe of any interpreter, or broker, nor to pay 
them any falary, unlefs they chufe to make ule of 
them. Moreover, matters of fhips fhall not be obliged, 
in loading or unloading their fhips, to make ufe of 
thofe workmen, either at Bourdeaux, or in any other 
places, as may be appointed by public authority for. 
that purpofe ; but it lhall be entirely free for them to 
load or unload their fhips by themfelves, or to make 
ufe of fuch perlbns in loading or unloading the fame 
as they fhall think fit, without the payment of any 
falary to any other whomfoever -, neither fhall they be 
forced to unload any fort of merchandizes, either into 
other fhips, or to receive them into their own, or to 
wait for their being loaded longer than they pleafe. 
And all and every the fubjefts of the moll Chriltian 
King fhall reciprocally have and enjoy the fame pri- 
vileges 



400 TREATIES [1259 

vileges and liberty, in all places in Europe fubjeft to 
the dominion of Great Britain. 

XIII. It fhall be wholly lawful and free for mer- 
chants and others, being fubjefts either to the Queen 
of Great Britain or to the mod Chriftian King, by 
will, and anyu>ther dilpofition rrtade, either during the 
time of ficknefs, or at any other time before, or at the 
point of death, to devife or give away their merchan- 
dizes, effects, money, debts belonging to them, and 
all moveable goods which they have or ought to have 
at the rime of their death, within the dominions and 
any other places belonging to the Queen of Great 
Britain, and to the mod Chriftian King. Moreover, 
whether they die, having made their will, or inttrflate, 
their lawful heirs and executors, or adminiftrators, re- 
fiding in either of the kingdoms, or coming from any 
other part, although they be not naturalized, fhall 
freely and quietly receive and take pofieflion of all the 
feid goods and effects whatfoever, according to the laws 
of Great Britain and France ' refpeclively ; in fuch 
manner, however, that die wills, and right of entering 
upon the inheritances of perfons inteftate, muft be 
proved according to law, as well by the fubje&s of the 
Queen of Great Britain, as by the fubjefts of the 
moft Chriftian King, in thofe places where each perfon 
died, whether that may happen in Great Britain or in 
France, any law, ftatutc, edift, cuftom, or droit d'au- 
beine whatfoever to the contrary notwitliftanding. 

XIV. A.difpute arifing between any commander of 
the (hips on both fides and his leamen, in any port of 
the other party, concerning wages due to the laid lea- 
men, or other civil caufes, the magiftrate of tho place 
fhall require no more from the perfon accufed, than that 
he give to the accuier a declaration in writing, wit- 
neiled by the magiftrate, whereby he fhall be bound 
to anfwer that matter before a competent judge in his 
own country i which being done, it fhall not be h\\ ful 

either 



I7&7-] WJ TH FRANCE. 401 



either for the feamen to defert their fhip, or to hinder 
the commander from profecuting his voyage. It fliall 
moreover be lawful for the merchants on both fides, in 
the places of their abode, or elfewhere, to keep books 
of their accounts and affairs, as they fhall think fit, 
and to have an intercourfe of letters, in fuch language 
or idiom as they fhall pleafe, without any moleftation 
or fearch whatfoever. But if it fhould happen to be 
necefTary for them to produce their books of accounts, 
for deciding any difpute and controverfy, in fuch cafe 
they fhall be obliged to bring into court the entire 
books or writings, but fo as that the judge may net 
have liberty to infpeft any other articles in the faid 
books than fuch as fhall relate to the teftimony or au- 
thority in queftion, or fuch as fhall be necefiary to give 
credit to the laid books ; neither fhall it be lawful, un- 
der any pretence, to take the faid books or writings 
forcibly out of the hands of the owners, or to retain 
themj the cafe of bankruptcy only excepted: neither 
lhall the faid fubjech of the Queen of Great Britain 
be obliged to write their accounts, copies of letters, 
acts or inftruments relating to trade, on llamped paper, 
in French, papier timbre, except their day-book, which, 
that it may be produced as evidence in any law-fuit, 
ought, according to the laws, which all perfons trading 
in France are to obferve, to be fubfcribed gratis by the 
judge, and marked or flourifhed with his own hand. 

XV. It fhall not be lawful for any foreign priva- 
teers, not being fubje&s of one or of the other of the 
confederates, who have commiflions from any other 
Prince or State in enmity with either nation, to fit their 
fhips in the ports of one or the other of the afbrefaid 
parties, to fell what they have taken, or in any other 
manner whatever to exchange either fhips, merchan- 
dizes, or any other ladings ; neither fhall they be al- 
lowed even to purchafe victuals, except fuch as fhall be 
necefTary for their going to the next port of chat 
Prince from whom they have commiiTions. 

VOL. I. D d XVI. The 



4 o2 TREATIES [1259 

XVI. The fhips of both parties being laden, failing 
along the coafts or fhores cf the other, and being forced 
by ftorm into the havens or ports, or coming to land in 
any other manner, fhall not be obliged there to unlade 
their goods, or any part thereof, or to pay any duty, 
unlefs they do of their own accord unlade their good* 
there, or difpofe of any part of their lading: but it 
may be lawful to take out of the (hip, and to fell 
(leave being firfl obtained from thofe who have the in- 
fpe&ion of fea affairs) a fmall part of their lading, for 
this end only, that neceflaries cither for the refrefhment 
or victualling of the fhip may be purchafed ; and in 
that cafe the whole lading of the fhip fhall not be fub- 
je<5l to pay the duties, but that fmall part only which 
has been taken out and fold. 

XVII. It lhall be lawful for all and fmgular the 
jfubjecls of the Queen of Great Britain, and of the 
mofl Chriftian King, to fail with their fhips with all 
manner df liberty and fecurity, no dtftin&ion being 
made who are the proprietors of the merchandizes 
laden thereon, from any port, to the places of thole 
who are now, or fhall be hereafter, at enmity with 
the Queen of Great Britain, or the mofl Chrif- 
tian King; it fhall likewife be lawful for the fubjec"ts 
and inhabitants aforefaid to fail with the fhips and 
merchandizes aforementioned, and to trade with the 
fame liberty and fecurity from the places, ports, and 
havens of thofe who are enemies of both, or of either 
jxuty, without any oppofition or difturbance whatfo- 
cver, not only directly from the places of the enemy 
aforementioned to neutral places, but alfo from one 
place belonging to an enemy to another place belong- 
ing to an enemy, whether they be under die jurifdic- 
tion of the fame Prince, or under fevcral. And as it is 
now ftipulated concerning fhips and goods, that free 
Ihips fhall alfo give a freedom to goods, and that every 
thing fhali be deemed to be free and exempt which 
fhall be found on board the fhips belonging to the fub- 
jefts of cither of the confederates, although the whole 

lading, 



WITH FRANCE. 403 

lading, or any part thereof, fhoiild appertain to the 
enemies of either of their Majefties, contraband goods 
being always excepted, on the difcovery whereof, mat- 
ters Ihall be managed according to the fenfe of the 
fubfequent articles ; it is alfo agreed, in like manner, 
that the fame liberty be extended to perfons who are 
on board a free fhip, with this effecl:, that although they 
be enemies to both; or to either party, they are not to be 
taken out of that free fhip, unleis they are foldiers, and 
in actual fervice of the enemies. 

XVIII. This liberty of navigation and commerce 
fhall extend to all kinds of merchandizes, excepting 
thofe only which follow in the next article, and which 
are fignified by the name of Contraband. 

XIX. Under this name of contraband or prohibited 
goods, fhall be comprehended arms, great guns, bombs, 
with their fufees and other things belonging to them ; 
fire-balls, gunpowder, match, cannon-ball, pikes, 
Iwords, lances, fpears, halberds, mortars, petards, gra- 
nadoes, falt-petre, mufkets,mufk:et-ball, helmets, head- 
pieces, breail-plates, coats of mail, and the like kinds 
of arms proper for arming foldiers, mufket-refts, belts, 
horfes with their furniture, and all other warlike inftru- 
ments whatever-. 

XX. Thefe merchandizes which follow fhall not be 
reckoned among prohibited goods; that is to fay, all 
forts of cloths, and all other manufactures woven of 
any wcol, flax, filk, cotton, or any other materials 
whatever; all kinds of cloaths and wearing-apparel, 
together with the fpecies whereof they are ufed to be 
made; gold and filver, as well coined as uncoined, 
tin, iron, lead, copper, brafs, coals; as alfo wheat and 
barley, and any other kind of corn and pulfe; tobacco, 
and likewife all manner of fpices, faked and fmoked 
rlefh, faked fifh, cheefe and butter, beer, oils, wines, 
fugars, and all forts of fait, and, in general, all pro- 
viilons which ferve for the nourifhment of mankind 
and the fuftenante of life. Furthermore, all kinds of 

D d 2 cotton. 



TREATIES [i2 5f 

cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail- 
el- >ths, anchors, and any parts of anchors j alfo fhip- 
mafts, planks, boards, and beams, of what trees fo- 
ever; and all other things proper either for building 
or repairing fhips ; and all other goods whatever, 
which have not been worked into the form of any 
inftrument or thing prepared for war, by land or 
by fea, fhall not be reputed contraband, much lefs 
iuch as have been already wrought and made up for 
any other ufe; all which fhall wholly be reckoned 
among fiee goods, as likewife all other merchandizes 
and things which are not comprehended and particu- 
larly mentioned in the preceding article, fo that they 
may be tranfported and carried, in the freed manner, by 
the fubje&s cf both confederates, even to places be- 
longing to an enemy, fucK towns or places being only 
cxccptcd as are at that time beficged, blocked up 
round about, or invefted. 

XXI. To the end that all manner of difienfions and 
quarrels may be avoided and prevented on one fide and 
the other, it is agreed, that in cafe cither of their Royal 
Majefties, who arc allied, fhould be engaged in war, the 
fhips and vcflfels belonging to the fubjects of the other 
ally mud be fumifhed with fea-lettrrs or paflports, 
exprefling the name, property, and bulk of the fhip, 
as alfo the name and place of habitation of the mafrer 
or commander of the faid fliip, th.it it may appear 
thereby that the fhip really and truly belongs to the 
lubjects of one of the Princes; which paflports fhaJl 
be made out and granted according to the form an- 
nexed to this treaty; they fhall likewife be recalled 
every year, that is, if the fnip happens to return home 
within thefpace of a year. It is likewife agreed, that 
fuch fhips being laden, are to be provided, not ( nly 
with paflports, as above-mentioned, but allo with cer- 
tificates containing the feveral particulars of the cargo, 
the place whence the fhip failed, and whither fhe 
is bound, that fo it may be known whether any for- 
bidden 



1787-] WITH FRANCE. 405- 

bidden or contraband goods, as are enumerated in 
the nineteenth article of this treaty, be on board the 
fame; which certificates ihall t>e made out by the of-* 
ficers of the place whence the fhip fet fail, in the ac- 
cuftomed form. And if any one {hall think it fit or 
advifable to exprefs in the laid certificates the perfon 
to whom they belong, he may freely do fo. 

XXII. The ihips of the fubje&s and inhabitants of 
both their mcft Serene Royal Majefties, coming to any 
of the fea-coafts within the dominions of either of the 
confederates, but not willing to enter into port, or 
being entered, yet not being willing to . Ihew cr to fell 
the cargoes of their Ihips, lhail not be obliged to give 
an account of their lading, unlefs they are fuipected, 
upon fure evidence, of carrying to the enemies of the 
other confederate prohibited goods, called contra- 
band. 

XXIII. And in cafe of the faid manifeft fufpicion, 
the faid fubjefts and inhabitants of the dominions of 
both their moft Serene Royal Majefties ihall be obliged 
to exhibit in the ports their paffports and certificates., 
in the manner before fpecified. 

XXIV. But in cafe die ihips of the fubjects and 
inhabitants of both their moft Serene Royal Majefties, 
cither on the fea-coaft, or on the high feas, Ihall meet 
with the men of war of the other, or with privateers, 
the faid men cf war and privateers, for preventing any 
inconveniences, are to remain out of cannon-lhot, and 
to fend a boat to the merchant-ihip which has been 
met with, and Ih^il enter- her with two or three men 
only, to whom the mafter or ccmmander of fuch ihip 
or veffel (hall fhew his paflport, concerning the property 
thereof, made out according to the form annexed to 
this prefent treaty j and the' Ihip which Ihall exhibi: 
one, fhall have fres paflage, and it Ihall be wholly 
unlawful any way to moleit'her, fearch, or compel her 
tp quit her intended courfe. 

D-d. 3 XXY. Bu 



4 o6 TREATIES [1259 

XXV. But that merchant-fhip of the other party, 
which intends to go to a port at enmity with the 
other confederate, or concerning whofe voyage, and 
the fort of goods on board, there may be juft fuf- 
picion, fhall be obliged to exhibit, either on the 
high leas, or in the ports and havens, not only her 
palTports, but her certificates, expreffing that they arc 
not of the kind of goods prohibited, which arc fpeci- 
ried in the nineteenth article. 

XXVI. But if one party, 3p the exhibiting the 
abovefaid certificates, mentioning the particulars of 
the things on board, fhould difcover any goods of that 
kind which are declared contraband or prohibited, by 
the nineteenth article of this treaty, defigned for a port 
fubjetft to the enemy of the other, it fhall be unlawful 
to break up the hatches of that ihip wherein tjie fame 
fhall happen to be found, whether fhe belong to the 
fubjec~h> of Great Britain or of France, to open the 
chcfts, packs, or cafks therein, .or to remove even the 
fmalicft p'.rccl of the goods, unlefs the lading be 
brought on fiiore in the prefence of the officers of the 
court of admiralty, and an inventory thereof made ; 
but there fhall be no allowance to fell, exchange, or 
alienate the fame in any manner, unlefs after that due 
and lawful procefs fhall have bten had againft fuch 
prohibited goods, and the judges of the admiralty re- 
fpectively fhall, by a fentence pronounced, have con- 
ftfcaced the fame; faving always, as well the fhip itfelf, 
as the other goods found therein, which by this treaty 
are to be efteemed frecj neither may they be detained 
on pretence of their being, as it weie, infected by the 
prohibited goods, much lefs fhall they be confifcated 
as lawful prize: but if not the whole cargo, but only 
part thereof fhall confift of prohibited or contraband 
goods, and the commander of the fhip fhall be ready 
t nd willing to deliver them to the captor who has dif- 
Covered them, in fuch cafe the captor, having received 
thofe gjods, fhall forthwith diicharge the fhip, and not 

hinder 



1787.] WITH FRANCE. 407 

hinder her by any means freely to profecute the voy- 
age on which flie was bound. 

XXVII. On the contrary, it is agreed, that whatever 
Jhall be found to be laden by the fubjefts and inhabi- 
tants of either party, on any fhip belonging to the 
enemy of the other, and his fubjects, the whole, al- 
though it be not of the fort of prohibited goods, may 
be confifcated, in the fame manner as if it belonged to 
the enemy himfelf -, except thofe goods and merchan- 
dizes as were put on board fuch fhip before the de- 
claration of war, or even after fuch declaration, if fo 
be it were done within the time and limits following ; 
that is to fay, if they were put on board fuch fhip, 
in any port and place within the fpace of fix weeks 
after fuch declaration, within the bounds called the 
Naze in Norway, and the Soundings; of two months, 
from the Soundings to the city of Gibraltar ; of ten 
weeks, in the Mediterranean feaj and of eight months, 
in any other country or place in the world : fo that the 
goods of the fubjefts of either Prince, whether they be 
of the nature of fuch as are prohibited, or otherwife, 
which, as is aforefaid, were put on board any fhip be- 
longing to an enemy before the war, or after the decla- 
ration of the fame, within the time and limits above r 
faid, fhall no ways be liable to confifcation, but fhall 
well and truly be reftored without delay to the pro- 
prietors demanding the fame; but fo as that if the 
laid merchandizes be contraband, it fhall not be any 
ways lawful to carry them afterwards to the ports be- 
longing to the enemy. 

XXVIII. And, that more abundant care may be 
taken for the fecurity of the fubjects of both their 
moft Serene Royal Majefties, that they fuffer no 
injury by the men of war or privateers of the other 
party, all the commanders of the fhips of the Queen 
of Great Britain, and of the moft Chriftian King, and 
all their fubjecls, fhall be forbid doing any injury or 
damage to the other fide; and if they aft to the con- 

D d 4 trary, 



4 oS TREATIES [1259 

trary, they fhall be punifhed, and fhall moreover be 
bound to make fatisfacticn for all caufe of damage, 
and the intereft thereof, by reparation, under the bond 
and obligation of thiir perfon and goods. 

XXIX. For this caufe, all commanders of priva- 
teers, before they receive their patents or fpecial com- 
miflions, (hall hereafter be obliged to give, before a 
competent judge, fufficient lecurity by good bail, who 
are men able to pay, and have no intereft in the laid fiiip, 
.and are each bound in the whole for the fum of 1,500 /. 
fterling, or 16,500 Hires Tcurnois-, or, if fuch fhip be 
provided with above one hundred and fifty feamen or 
foldiers, for the fum of 3,000 /. ilcrlinn;, or 33,000 
iivres Vcurnois, that they will make entire fatibfaction 
for any damages and injuries whatfoever, which they, 
or their officers, or others in their fervice, commit 
during their courfe at fea, contrary to this prefcnt 
treaty, or the edicts of either of their mod Serene 
Royal Majefties publifhed by virtue thereof; under 
penalty likewife of having their fpecial commiflions and 
patents revoked and annulled. 

XXX. Both their above-named Royal Majefties 
being willing to (hew a mutual and equal favour, in 
all their dominicns refpectivcly, to the fubjects of each 
other, in the fame manner as if they were their 
fubjccls, will give fuch orders as fhall be neccflary and 
effectual, that juftice be adminiftered concerning prizes 
in the court of admiralty, according to the rule of 
equity and right, and the articles of this treaty, by 
judges who aie above all fufpicion, and who have no 
manner of intereft in the caufc in difpute. 

XXXI. Whtnfocver die ambafiadors of each of 
their Royal Majefties above-named, and other their 
minifters, having a public character, and refiding in 
the court of the other Prince, fhall complain cf the 
unjuftnefs of the fcntences which have been given, 
their Majefties on each fide lhall take care that the 
lame be revifed and re-examined in their refpective 

councils, 



1787.] WITH FRANCE. 409 

councils, that it may appear whether the directions and 
provifions prefcribed in this treaty have been obferved, 
and have had their due effect : they fhail likewife take 
care that this matter be effectually provided for, and 
that right be done to every complainant within the 
fpace of three months. However, before or after 
judgment given, the revifion thereof ftill depending* 
for the avoiding of all damage, it lhall not be lawful 
to fell the goods in difpute, or to unlade them, unlefs 
with the confent of the perfons concerned. 

XXXII. A fuit being commenced between the cap- 
tors of prizes on one part, and the reclaimers of the 
fame on the other, and a fentence or decree being 
given in favour of the reclaimer, that fame fentence 
or decree, fecurity being given, fhall be put in exe- 
cution, the appeal of the captor to a fuperior judge in 
any wife notwithftanding ; which, however, is not to 
be obferved when judgment has been given againft the 
reclaimers. 

XXXIII. In cafe that either fhips of war, or mer- 
chantmen, forced by ftorm, or other misfortune, be 
driven on rocks or fhelves on the coafts of one or 
the other party, and are there broken to pieces and 
fhipwrecked, whatever part of the fhips or tackling 
thereof, as alfo of the goods and merchandizes, jhall 
be faved, or the produce thereof fhall be faithfully 
reftored to the proprietors, reclaimers, or their fac- 
tors, paying only the expences of preferving the fame, 
in fuch manner as it may be fettled on both fides 
concerning die rate of falvage; faving, at the fame 
time, the rights and cufloms of each nation : and both 
their moft Serene Royal Majeflies will interpofe their 
authority, that fuch of their fubjects may be feverely 
punifhed, who in the like accident fhall be found 
guilty of inhumanity. 

XXXIV. It fhall be free for the fubjects of each 
to employ fuch advocates, attornies, notaries, 

and factors, as they fhall think fit -, to which 

end 



4 TO TREATIES [1259 

end the faid advocates, and others abovementioned, 
ma/ be appointed by the ordinary judges, if it be 
needful, and the judges be required thereunto. 

XXXV. And, that commerce and navigation may 
be more fecurely and freely followed, it is further 
agreed, that neither the Queen of Great Britain, nor 
the mod Chriftian King, fhail receive any pirates 
and robbers into any of their ports, havens, cities, or 
towns, neither fhall they permit them to be received 
into their ports, to be protected or affifted by any man- 
ner of harbouring or fupport, by any the fubjects or 
inhabitants of either of them; but they fhall rather 
caufe all fuch pirates and fea- robbers, or whoever fhall 
receive, conceal, or affift thu^-,, to be apprehended and 
punifhed as they dcferve, for a terror and example to 
others. And all the (hips, goods, or merchandizes, 
being piratically taken by them, ami brought into the 
ports of the kingdom of either, as much as can be 
found, although they have vby falc been conveyed to 
others, fhall be reflored to the lawful owners, or their 
deputies, having inftruments of delegation, and an 
authority of procuration for reclaiming the fame; and 
indemnifation /hall be made, proper evidence being 
firft given in the court of admiralty for proving the 
property. And all fhips and merchandizes, of what 
nature foever, which can be refcued out of their Jiands 
on the high feas, (hall be brought into fomc port of 
either kingdom, and fhall be delivered to the cuftody 
of the officers of that pert, with this intention, that they 
be delivered entire to the true proprietor, as fbon as 
due and fufficient proof fhall have been made con- 
cerning the property thereof. 

XXXVI. It fhall be lawful, as well for the fhips of 
war of both their mod Serene Royal Majefties, as for 
privateers, to carry whitherfoever they pleafe the fhips 
and goods taken from their enemies, neither fhall they 
be obliged to pay any tiling to the officers of the ad- 
miralty, or to any other judges ; nor fhall the afore- 
mentioned prizes, when they come to and enter the 

ports 



1787.] WITH FRANCE, 411 

ports of either of their moft Serenje Royal Majefties, 
be detained by arreft, neither fhall fearchers, or other 
officers of thofe places, make examination concern- 
ing them, or the validity thereof; but rather they 
fhall have liberty to hoift fail at any time, to de- 
part, and to carry their prizes to that place which is 
mentioned in their commiffion or patent, which the 
commanders of fuch fhips of war fhall be obliged to 
Ihew: on the contrary, no flicker or refuge fhall be 
given in their ports to fuch as have made a prize upon 
the fubjects of either of their Royal Majefties. And 
if perchance fuch fhips fhall come in, being forced by 
ftrefs of weather, or the danger of the fea, particular 
care fhall be taken (as far as it is not repugnant to 
former treaties made with other Kings and States) that 
they go from thence, and retire elfewhere, as foon as 
poffible. 

XXXVII. Neither of their moft Serene Royal 
Majefties fhall permit that the fhips or goods of the 
other be taken upon the coafts, or in the ports or 
rivers of their dominions, by fhips of war, or others 
having commifTion from any Prince, Commonwealth, 
or town whatfoever ; and in cafe fuch a thing fhould 
happen, both parties lhall ufe their authority and united 
force that the damage done be made good. 

XXXVIII. If hereafter it fhall happen, through 
inadvertency, or otherwife, that any contraventions or 
inconveniences, on either fide, arife concerning the ob- 
fervation of this treaty, the. friendfhip and good intel- 
ligence fhall not immediately thereupon be broke off; 
but this treaty fhall fubfift in all its force, and a proper 
remedy for removing the inconveniences fhall be pro- 
cured, as likewife reparation of the contraventions; and 
if the fubjects of the one or the other be found in fault, 
they only fhall be feverely punifhed and chaftifed. 

XXXIX. But if it fhall appear that a captor made 
ufe of any kind of torture upon the mafter of the fhip, 
the fhip's crew, or others who fhall be on board any 

fhip 



4 u TREATIES [1259 

fhip belonging to the fubje<5h of the other party; in 
fuch cafe, not only the Ihip itfelf, together with the 
peribns, merchandizes, and goods whatsoever, fhall be 
forthwith releafed without any further delay, and fet 
entirely free, but alfo fuch as fhall be found guilty of 
ib great a crime, as alfo the accefiaries thereunto, fhall 
fuffer the moft fcvere punifhment, fuitable to their 
crime: this the Queen of Great Britain, and the moil 
Chriftian King, do mutually engage fhall be done, 
without any rcfpeft of perfons. 

Form of the PaJJports to be defer ed of, and given by, 
the Lord High Admiral of Great Britain, &c. or 
by the Ij)rds Commtffioners for executing the Office of 
1 Ugh Admiral of Great Britain, &V. according to the 
Direction of the twenty -firft Article of this Treaty. 

TO all to whom thefe prefents (hall come, greeting. 
We high admiral of Great Britain, &c. 

(or) We commiflioners for execut- 

ing the office of high admiral of Great Britain, &c. do 
make known and teilify by thcfe prefents, That ;L B. 
of C. the ufual place of his dwel- 

ling, matter or commander of the fhip called D. 
appeared before us, and declared by folcmn oath, (or) 
produced a certificate under the feal of the magiftrate,or 
of the officers of the cufloms of the town and port of E. 

Dated the day of the month of 

in the year of our Lord 17 of and concerning the 
oath made before them, that the faid fhip and vef- 
fel D. burthen tons, whereof he him- 

felf is at this time mailer or commander, doth really 
and truly belong to the fubjefts of her mcfl Serene 
Majefty our moft gracious Sovereign. And where- 
as it would be moil acceptable to us, that the faid 
mailer or commander ihould be affifted in the af- 
fairs wherein he is juftly and honeftly employed, we 
defire you, and all and every of you, that wherefo- 
ever the faid mailer or commander fhall bring his 
(hip, and the goods on board thereof, you would cauic 

him 



,787.] WITH FRANCE. "413 

him to be kindly received, to be civilly treated, and 
in paying the lawful and accnftomed duties, and other 
things, to be admitted to enter, to remain in, to de- 
part out of, your ports, rivers, and dominions, and to 
enjoy all manner of right, and all kind of navigation, 
traffic, and commerce, in all places where he ihali 
think it proper and convenient. For which we fhall 
always be moft willing and ready to make returns to 
you in a grateful manner. In witnefs and confirm- 
ation whereof, we have figned thefe prelents, and 
cauled our leal to be put thereunto. Given at 
the day of the month of 

in the year 1 7 

Form of the Certificates to be required of, and to be 
given by, the Magiftrate, or Officers of the Ctiftoms, 
of the 'Town and Port, in their refpeffive Towns and 
Ports, to the Ships and Veffets which fail from 
thence, according to the Direction of the twenty-frft 
Article of this prejent 'Treaty. 

WE A. B. magiftrate (or) officers 

of the cuftoms of the town and port of C. 
do certify and atteft, That on the day of 

the month of in the year of our Lord 

17 D. E. of F. perfonally appeared 

before us, and declared by a lolemn oath, that the ihip 
or veffel called G. of about 

tons, whereof PL I. of K. his ufual place of habi- 
tation, is mafter or commander, does rightfully and 
properly belong to him and others, fubjecls of her moft 
Serene Majefty our moft gracious Sovereign, and to 
them alone; that fhe is now bound from the port of 
JL. to the port of M. laden with 

the goods and merchandizes hereunder particularly 
defcribed and enumerated, that is to fay, as follows : 
In witnefs whereof, we have figned this certificate, 
and fealed it with the feal or' our office. Given 
the day of the month of 

in the year of our Lord 1 7 

Form 



TREATIES [1259 

Form of the Paffports and Letters which are to be 
given t in the Admiralty of France, to the Ships and 
Barks which faall go from thence, according to the 
twenty-firft Article of this prejent 'Treaty. 

LEWIS, Count of Thouloufe, Admiral of France, 
to all who (hall fee thefc prcflnts, greeting. We make 
known, that we have given leave and pcrmifTion to 
matter and commander of the (hip 
called of the town of burthen 

tons, or thereabouts, lying at prcfent in the 
port and haven of and bound for 

and laden with after that his (hip has 

been vifited, and before failing, he (hall make oatli 
before the officers who have the jurifdiclion of mari- 
time affairs, that the faid fhip belongs to one or more 
of the fubjefts of his Majefty, the act whereof (hall be 
put at the end cf thefe prcfents; as likewife that he 
will keep, and caufe to be kept by his crew on board, 
the marine ordinances and regulations, and enter in the 
proper office a lift figned and witnefled, containing the 
names and furnames, the places of birth and abode 
of the crew of his fhip, and of all who (hall embark 
on board her, whom he (hall not take on board with- 
out the knowledge and permiflion of the officers of 
the marine j and in every port or haven where he (hall 
enter with his (hip, he (hall (hew this prefent leave to 
the officers and judges of the marine, and fhall give a 
faithful account to them of what pafled and was done 
during his voyage. And he (hall carry the colours, 
arms, and enfigns of the King, and of us, during his 
voyage. In witnefs whereof, we have figned thefe 
prefents, and put the feal of our arms thereunto, and 
caufed the fame to be counterfigned by our fecretary 
of die marine, at the day of 

17 Signed LEWIS, Count of Thou- 

Icufe i and underneath, by 

Form 



1787.] WITH FRANC ]S. 41$ 

Form cf the AR containing the Oath. 

W E of the admiralty of 

do certify, That matter of the Ihip named 

in the above palTport, has taken the oath mentioned 
therein. Done at the day of 



XL. The prefent treaty lhall be ratified by the 

Queen of Great Britain, and by the moft Chriflian 

King, and the ratifications thereof lhall be duly ex- 

changed at Utrecht within four weeks, or fooner if 

offible. 

XLI. In witnefs whereof, we the underwritten 
AmbarTadprs Extraordinary and Plenipotentiaries of 
the Queen of Great Britain, and of the moft Chrif- 
tian King, have fet our hands and feals to this prefent 
treaty, at Utrecht, the 4-4- day of 1 ~j, in the year of 
of our Lord 1713. 

(L, S.) Job. Brtfcl, C. P. S. (L. S.) Huxelles. 
(L.S.) Strafcrd. (L.S.) Mefnagar. 

ANNE R. 

ANNE, by the grace of God, Queen of Great 
Britain, France, and Ireland, Defender of the Faith, 
&c.j to all and fingular to whom thefe preients lhall 
come, greeting. Whereas the congrefs that was held 
at Utrecht in the beginning of the laft year, for mak- 
ing a general peace, has been drawn out into length 
above thefe fourteen months, by various obftacles 
which have been thrown in the way, contrary to our 
hopes and wilhes 3 but now, by the favour and good- 
nefs of Almighty God (who has been pleafed to in- 
fpire the love of concord more ftrongly into the breafts 
of the parties engaged in war) it feems happily to tend 
towards the end fo long defired, and fo neceflary for 
the tranquillity and welfare of Europe - 3 we having at 
2 laft 



4 t6 TREATIES [1259 

laft adjufted, with our good brother the moft Chriftian 
King, our matters on both fides, relating both to peace 
and to commerce, to the end that our Minifters, who 
have hitherto, under the title of Plenipotentiaries, ap- 
plied themfelves, with our higheft approbation, to the 
dilcharge of this employment, may with greater iplen- 
dor put an end to this moft wholefome work, have 
thought fit to give them the moft honourable character 
of our Ambafladors Extraordinary. Now know ye, 
that we repofing efpecial confidence in the loyalty, in- 
duftry, experience, and fagacity in managing matters 
of great importance, of the Right Reverend Father in 
God our right trufty and well-beloved counfellor John 
Bifliop of Briftol, Keeper of our Privy Seal, Dean of 
Windfor, and Regifter of our moft Noble Order of 
the Garter ; and of our right trufty and right well be- 
loved coufin and counfellor Thomas Earl of Straf- 
ford, Vifcount Wentworth of Wentworth Woodhoufe 
and Stainborough, Baron of Raby, Lieutenant Gene- 
ral of our forces, Firft Ccmmiflioner of our Admiralty, 
Knight of our moft Noble Order of the Garter, and 
our Ambaflador Extraordinary and Plenipotentiary to 
the High and Mighty Lords the States General of 
the United Netherlands, have named, made, and 
conftituted them, as by thefe prefents we do name, 
make, and conftitute them, our true, certain, and 
undoubted Ambafladors Extraordinary, Commiflaries, 
Procurators, and Plenipotentiaries, giving and granting 
to them, jointly and feparately, all and all manner of 
power, faculty, and authority, as alfo both general 
and fpecial order (but fo as the general do not dero- 
gate from the fpecial, nor on the contrary) to meet 
and confer in the city of Utrecht, or in any other 
place, with the Ambafladors Extraordinary and Ple- 
nipotentiaries which the faid moft Chriftian King (hall 
have deputed on his part, being furnifhed with fuffi- 
cient authority, and to treat, agree, and conclude con- 
cerning the adjufting, in the moft friendly manner, 
the conditions of navigation and commerce between 
our 



1787.] WITH FRANCE. 417 

our fubjefts and thofe of the faid moft Chriftian King; 
and to fign for us, and in our name, all fuch things 
as fhall be fo agreed and concluded ; and to make out 
fuch and fo many inftruments of what is concluded, 
as fhall be necerTary, and to exchange and mutually 
receive the fame ; and generally to do and perform all 
fuch things as they lhall judge neceffary, or any way 
conducible towards making and fettling the conditions 
of navigation and commerce, as is abovefaid, in as 
ample manner and form, and with the like force and 
effect, as we ourfelves might do and perform, if we 
were prefent ; engaging and promifing, on our Royal 
word, that we will accept, approve, and ratify, in 
the fame manner and form as they have been agreed, 
all and every thing that by virtue of thefe prefents 
fhall happen to be tranfacted, concluded, and figned 
by our faid AmbarTadors Extraordinary, CommirTa- 
ries, Procurators, and Plenipotentiaries, jointly or 
feparately. In witnefs and confirmation whereof, we 
have commanded our great feal of Great Britain to 
be affixed to thefe prefents, figned with our Royal 
hand. Given at our palace of St. James's, the 24th 
day of the month of March, in the year of our Lord 
174-y, and of our reign the twelfth. 

LEWIS, by the grace of God, King of France 
and Navarre, to all who fhall fee thefe prefents, greet- 
ing. Whereas we have omitted nothing for contri- 
buting with all our might towards the re-eftablilh- 
ment of a fincere and Iblid peace ; and as our moft 
dear and moft beloved fifter the Queen of Great Bri- 
tain has fhewn the fame defire ; and as there is room 
to hope, that the conferences which are held at 
Utrecht, for attaining to fo clefirable a good, will in 
a little time have a happy irTue ; and being willing 
likewife to apply all our care for promoting the effe6b 
thereof, and repofing entire confidence in the capaci- 
ty, experience, zeal, and fidelity for our fervice, of 
our moft dear and well-beloved coufin the Marquis 
. VOL. I. Ee , d'Huxelles, 



4 i8 TREATIES [1259 



, Marftval of France, Knight of our Or- 
ders, and our Lieutenant General of the government of 
Burgundy, and of our deaj and well-beloved the Sieur 
Mdhagcr, Knight of our Order of St. Michael. For 
thefe caufes, and other good confiderations us hereunto 
moving, we have commiflioned, ordained, and depu- 
ted, as by thefe prefents, figncd with our hand, we do 
commiiTion, Qrdain, and depute the fajd Sieurs Mar- 
ihal d'J-luxclles antt Manager, and have given, and 
do give to diem full power, commifijon, and fpecial 
command, in quality of our AmbafTadors Extraordi- 
nary, and our Plenipotentiaries, to confer, negotiate, 
and treat with die Ambafladors Extraordinary, Ple- 
nipotentiaries of our faid filler, provided with her 
powers in due form, to agree, conclude, and fign fuch 
treaties of commerce, articles, and conventions, as 
they (hall fee good. We will tliat in cafe of ablencr 
of one of them by ficknds, or through any other lawful 
caufe, the other have the lame power to confer, ne- 
gotiate, treat, agree, conclude, and fign fuch treaties 
of commerce, articles, and conventions, as fhall be 
agreeable to the good which we propofc to ourfclves, 
and to the reciprocal advantage of our fubjefts, fo that 
our faid Ambaflfadors Extraordinary and Plenipotcn- 
tiaries may aft, in all which fhall belong to the ne- 
gotiation with our fajd fitter, with the fame authority 
as we mould and. might do, if we were prelent in per- 
fon, although there mould be fomething which might 
require a more fpecial order than is contained in theJfe 
prefects. \Ve promiie, on the fiith and word of a 
King, to approve, and to keep firm and lading for 
c\ c r, to fulfil and execute punctually, all that die laid 
Sieurs Marfhal d'Huxelles and Meihager, or one of 
th/em, in the faid cafes of alMence, or of ficknefs, fiiall 
ftipulate, promife, and fign, by virtue of this prefent 
power, without ever afting contrary thereto, or per- 
mitting that any thing be done tu the contrary, on, 
any caufe, or under any pretence whatlbevcr i as hke- 
to caufe our letters ratifying the fame to be dif- 

patched, 



I 7 37.] *ITH FRANCE. 

patched, in good form, and to caufe them to be de- 
livered, in order to be exchanged, within the time 
which fhall be agreed oh by the treaties to be made. 
For this is our pleafure. In witnefs whereof, we have 
caiifed our feal' to ' be affixed to thefe prefents. Given 
at Verfailles, the fourth day of March, in the year of 
our Lord 17 1 3, and of our reign the feventieth. Signed 
LEWIS j< and on the fold, By the King. Colbert. 

BE it known unto all men, that whereas in the 
^th article of the treaty of commerce, concluded this 
day between the moft Serene Queen of Great Bri- 
tain and the moft Serene the moft Chriftian King, by 
their Majefties AmbafTadors Extraordinary and Ple- 
nipotentiaries, mention is made of fome heads of mat- 
ters, which being propofed on the part of Great Bri- 
tain, have not as yet been mutually adjufted; and' 
therefore it was thought fit to refer them to be dif- 
cufled and determined by commiffioners: we there-' 
fore, the under-written Ambafladors, that it may cer- 
tainly appear. what are thofe heads of matters which 
are to be 1 referred to commiffioners, have refolved to 
.give a particular defcription of them in this writing; 
declaring that they are the fame, and no other than 
what follow : 

I. No manufactures of either kingdom, and the 
dominions belonging thereunto, fhall hereafter be fub- 
ject to be infpected and confifcated, under any pre-' 
tence of fraud or defect in making or working them, 
or becaufe of any other imperfection therein ; but ab- 
folute freedom fhall be allowed to the buyer and fel-i 
ler, to bargain and agree for the fame as they fliall 
fee good; any law, itatute, edict, arreft, privilege, 
grant, or cuftom, to the contrary notwithftanding. 

it. And forafmuch as a certain ufage, not con- 
firmed ' by any" law, has obtained in fever al towns of 
Great Britain and of France ; that is to fay, that every 
one, for coming in, and going out, fhall pay a kind' 
E e 2 of 



420 TREATIES [1259 

of tax, called in Englifh, Head-Money, and in French, 
t)u Chef; it is concluded, that neither the fame, nor 
any other duty on that account, fhall any more be 
exacted. 

III. And the Britifh merchants fhall not hereafter 
be forbidden to fell the faid tobacco to any buyer 
whom they pleafe ; for which purpofe, the letting out 
the duties on the faid tobacco to farmers, which has 
been hitherto practifed, fhall ceafe, neither (hall fuch 
farming be ufed again hereafter. 

IV. The following cafe only being exceptcd, that 
is to fay, where Britifh (hips fhall take up merchan- 
dizes in one port, and carry them to another port of 
France, in which cafe, and in no other, the Britifh 
fubjects fhall be obliged to pay die duties abrogated 
and abolifhed by this article, only in proportion to the 
goods which they take in, and not according to the 
Bulk of the fhip. 

V. Whereas feveral kinds of goods, contained in 
cafks, chtfts, or other cafes, for which the duties are 
paid by weight, will be exported from, and imported 
into, France by Britifh fubjects, it is therefore agreed, 
that in fuch cafe the aforefaid dudes fhall be payable 
only according to die weight of the goods themfclvcs ; 
but the weight of the cafks, chefts, and other cafes 
whatever, fhall be deducted in fuch manner, and in 
fuch proportion, as has been hitherto in ufe in Eng- 
land, and is ftill praclifed. 

. VI. It is further agreed, that if any miflake or error 
fhall on either fide be committed by any mafter of a 
fhip, his interpreter, or factor, or by others employed 
ty him, in making the entry or declaration of the 
goods on board his fhip, for fuch defect, if fo be fome 
fraud does not evidently appear, neither the fhip nor 
the lading thereof fhall be fubject to be confifcated, 
but it fhall be free for the proprietors to take back 
again fuch goods as were omitted in the entry or de- 
claration 



WITH FRANCE. 421* 

claration of the matter of the fhip, paying only the ac- ' 
cuflomed duties according to the rates fettled in the 
books; neither fhall the merchants, or the mailer of 
the (hip, lofe the faid goods, or fuffer 'any other pu- " 
nifhment, if fo be that the faid goods, fo omitted, were ' 
not brought on fhore before the declaration made, and 
the cuftoms paid for the fame. ?fc</ tdfr A;* 

VII. And whereas the quality of the fhip, matter, ' 
and goods, will fufficiently appear from fuch, paflports ' 
and certificates, it fhall not be lawful for the comman- ' 
ders of men of war to exact any other verification, un- 
der any title whatfoever. But if any merchant fhip 
fhall want fuch paflports or certificates, then it may 1 
be examined by a proper judge, but in fuch manner 
as, if it lhall be found, from other proofs and docu- 
ments, that it does truly belong to the fubjects of either 
of the confederates, and does not contain any prohi- 
bited goods, defigned to be carried to the enemy of 
the other, it fhall not be liable to confiscation, but 
fhall be releafed, together with its cargo, in order to 
proceed on 'its voyage, fince it may often happen that 
fuch papers could not come to .the fhip when (he was 
fetting fail from any port, or that they frave been loft 
by fome chance or other, or that they have been taken 
away from the fhip. And if, befides the paflports 
2nd certificates made according to the form of their 
treaty, other paflports and certificates happen to be 
found in the fhip, in another form, and perhaps ac- 
cording to the prefcription of treaties made with 
others, no pretence fhall be taken from thence of 
detaining, or in any wife molefting, either the fhip, 
or men, or goods. If the mafter of the fhip named, 
in the paflports be removed by death, or any other 
caufe, and another be put in his place, the paflports 
fhall neverthelefs retain their force, and the fhips, and 
goods laden thereon, fhall be fecure. 
. VIII. It is further provided on both fides, and fhaU 
fee taken for a general rule, that a fhip and- goods,- 
ajthough they have remained in the enemy's power for 
E e 3 four 



T & E A T I p S 1159 

four and twenty hours, ftiall not therefore be efteemed 
as capture, and be immediately made prize ; but if, 
on other accounts, they ought to be reftored, they may 
be reclaimed, and fhall be given again to the propri- 
etors. 

JX. It (hall be free for both their Royal Majefties, 
for the advantage of their fubjefts trading to the king- 
doms and dominions of the other, to conftitute na- 
tional confuls of their own fubjects, who fhall enjoy 
that right and liberty which belongs to them by rea- 
fon of the exercife of their function -, but as to the 
places where fuch confuls are to be appointed, both 
fides fhall afterwards agree between diemfclves. 

In witnefs whereof, we the AmbafTadors Extraor- 
dinary and Plenipotentiaries of her Sacred Royal 
Majefty of Great Britain, and of his Sacred 
Royal mod Chriftian Majefty, have fubfcribed 
this prefent inftrument with our hands, and let 
our fcals thereunto. At Utrecht, the 44- day of 
the month of ~, in the year 1713. 



(L. S.) Job. Bri/lol, C. P. S. (L. S. Huxelbs. 
(L. S.) Strafferd. (L. S.) Mefnager. 

B E it known unto all men, that whereas, in the 
^th article of the treaty of navigation and commerce, 
concluded the 44 day of-^j 1 , 1713, between the moft 
Serene Queen of Great Britain, and the moft Se- 
rene the moft Chriftian King, by the Ambaflfadors 
Extraordinary and Plenipotentiaries of their Majef- 
ties, certain merchandizes, namely, woollen manufac- 
tures, fugar, falt-fifh, and what is produced from 
whales, are excepted in general words from the rule 
of the tariff made the iSth day of the month of Sep- 
tember, in the year 1664, in order to be afterwards 
referred to the difcufllon of commiflaries; to prevent 
therefore aJl miftakes and ambiguity, which might 

perhaps 



I787-] WITH &A-Ndfe. 

perhaps arife from fuch general terms, and to make 
it more evidently appear what particular forts of goods 
are to come under the confideration of the aforefaid 
commifTaries, we the under- written AmbafTadors Ex- 
traordinary and Plenipotentiaries have declared by 
thefe prefents, and do declare, that the exception of 
the above-mentioned merchandizes is to be uricteritood 
in the manner following. 

I. Whalebone cut and prepared, fins and oils of 
whales, lhall pay, at all places of importation in the 
kingdom, the duties appointed by the tariff of the yth 
of December, 1699. 

II. Cloths, ratines, and ferges, fhall be likewife 
fubjecl: to the fame duties of the tariff of the 7th of 
December, 16995 and in order to facilitate the trade 
thereof, it fhall be allowed to import them by St. Va- 
lery upon the Somme, by Rouen, and by Bourdeaux, 
where thefe goods fhall be fubjedl: to vifitation in the 
fame manner as thofe which are made in the king- 
dom. ';'" 

III. Salt-fifh in barrels only is to be imported into 
the kingdom j and at all places of entrance in the 
kingdom, countries, and territories under the dominion 
of the King, even at all free ports, the dunes of 
landing and of confumption fhalt be paid which were 
appointed before the tariff of 1664, and befides 40 
livres per laft, confifting of 1 2 barrek, weighing each 
300 Ib. for the duty of entry ; which entry 'fhall not 
be permitted but by St. Valery upon the Somme^ 
Rouen, Nants, Libourn, and Bourdeautf, and fhali 
remain prohibited at all other harbours or ports, a3 
well in the ocean as in the Mediterranean. 

IV. Refined fugar in loaf or in powder, white and 
brown fugar-candy, lhall pay the duties appointed by 
the tariff of 1699. 

In confirmation of which, we the under- written Am- 

bafladors Extraordinary and Plenipotentiaries of 

E e 4 her 



TREATIES [1159 

her Majefty the Queen of Great Britain, and the 
. .molt Chriftian King, have figned and fealed thefe 
prefents, at Utrecht, the V da Y of -^-', in the 
year 1713. 

(L. S.) Job. Brifol, C. P. S. (L. S.) Huxelles. 
(L. S.) Strafford. (L. S.) Mejnager. 



[The treaty of AIX-LA-CHAPELLE, 1748, is printed 
from the copy which was publifhcd by authority 
in 1749.] 

'The Definitive Treaty of Peace and Friendjhip between 
bis Britannic Majefty y the mojl Chriftian King, and 
the States General of the United Provinces ; con- 
cluded at Aix-la-Chapelle, tbe iltb Day ofOfto- 
ber, N. S. 1748 ; to which tbe Emprefs >ueen of 
Hungary, tbe Kings of Spain and Sardinia, 'tbe 
Duke of Modena, and the Republic of Genoa, 
bave acceded. 

In the name of the moft holy and undivided Trinity, 
the Father, Son, and Holy Ghoft. 

B E it known to all thofe whom it fhall or may 
concern, in any manner whatfoever. Europe fees the 
day, which the Divine Providence had pointed out 
for the re-eftablifliment of its repofe. A general 
peace fucceeds to the long and bloody war, which 
had arofe between the molt Serene and moft Potent 
Prince George II. by the grace of God, King of 
Great Britain, France, and Ireland, Duke of Brunf- 
wick and Lunenbourg, Arch-Treafurer and Elector 
of the Holy Roman Empire, &c. and the moft Se- 
rene and moft Potent Princcfs Mary Therefia, by the 
grace of Gcd, Queen of Hungary and Bohemia, &c. 
Emprefc of the Romans, on the one part; and the 
moft Serene and moft Potent Prince Lewis XV. 
by the grace of God, the moft Chriitian King, on the 
Other 3 as alfo between the King of Great Britain, the 

Emprds 



1787.] WITH FRANCE. 425 

Emprefs Queen of Hungary and Bohemia, and the 
moft Serene and moft Potent Prince Charles Emanuel 
III. by the grace of God, King of Sardinia, on the 
one part, and the moft Serene and moft Potent Prince 
Philip V. by the grace of God, King of Spain and 
the Indies (of glorious memory) and after his de- 
ceafe, the moft Serene and moft Potent Prince Ferdi- 
nand VI. by the grace of God, King of Spain and the 
Indies, on the other : in which war the High and 
Mighty Lords the States General of the United Pro- 
.yinces. of the Low Countries had taken part, as aux- 
iliaries to the King of Great Brkain and the Em- 
prefs Queen of Hungary and Bohemia ; and the moft 
Serene Duke .of Modena, and the moft Serene Re- 
public of Genoa, as auxiliaries to the King of Spain. 
God, in his mercy, made known to all thefe Pow- 
ers, at the fame time, the way which he had decreed 
for their reconciliation, and .for the reftoration of 
tranquillity to the people, whom he had fubjected to 
their government. They fent their Minifters to 
Aix-la-Chapelle, where thofe of the King of Great 
Britain, his moft Chriftian Majefty, and of the States 
General of the United Provinces, having agreed upon 
preliminary conditions for a general pacification ; and 
thofe of the Emprefs Queen of Hungary and Bohe- 
mia, of his Catholic Majefty, of the King of Sardi- 
nia, of the Duke of Modena, and of the Republic of 
Genoa, having acceded thereunto, a general ceffation 
of hoitilities, by fea and land, happily enfued. In 
order to complete, at Aix-la-Chapelle, the great work 
of a peace, equally ftable and convenient for all par- 
ties, the high contracting Powers have nominated, ap- 
pointed, and provided with their full powers, the 
moft jlliiftrious and moft excellent Lords their Am- 
bafiadors Extraordinary and Minifters Plenipoten- 
tiary, viz. his Sacred Majefty the King of Great Bri- 
tain, John Earl of Sandwich, Vifcount Hinchinbrook, 
Baron Montagu of St. Neots, Peer of England, Fjrft 
JLord Commifiioner of the Admiralty, one of the 

Lords 



TREATIES [1259 

Lords Regents of the kingdom, his Minifter Pleni- 
potentiary to the States General of the United Pro- 
vinces, and Sir Thomas Robinfon, Knight of the 
moft honourable Order of the Bath, and his Minifter 
Plenipotentiary to his Majefty the Emperor of the 
Romans, and her Majefty the Kmprets Queen of, 
Hungary and Bohemia. 

His Sacred moft Chriftian Majefty, Alphonfo Ma- 
ria Lewis Count de St. Severin of Arragon, Knight 
of his Orders, and John Gabriel de la Porte du 
Theil, Knight of the Order of our Lady of Mount 
Carmel, and of St. Lazarus of Jerufalem, Counfellor 
of the King in his Councils, Secretary of the Cham- 
ber, and of the Cabinerof his Majefty, of the Orders 
of the Dauphin, and of Mefdames of France. 

Her Sacred Majefty the Kmprefs Queen of Hun- 
gary and Bohemia, Wenceflaus Anthony Count of 
Kaunitz Rittberg, Lord of Eflens, Steddtlorff, Witt- 
mund, Aufterlitz, Hungrifchbrod, Wite, ec. actual 
intimate Counfellor of State to their Imperial Ma- 
jefties. 

His Sacred Catholic Majefty, the Lord Don James 
Ma/Tone de Lima and Sotto Major, Gentleman of the 
Bed-chamber to his Catholic Majefty, and Major Ge* 
neral of his forces. 

His Sacred Majefty th King of Sardinia, Don 
Jofcph Ofibrio, Knight, Grand Croix and Grand Con- 
fcrvator of the Military Order of the Saints Maurice 
and Lazarus, and Envoy Extraordinary of his Ma- 
jefty the King of Sardinia to his Majefty the King of 
Great Britain ; and Jofeph Borre Count Chavanne, 
his Counfellor of State, and his Minifter to the J 
the States General of the United Provinces. 

The High and Mighty Lords the States General of 
the United Provinces, William Count Bentinck, Lord 
of Rhoon and Pendrecht, one of the Nobles of the 
province of Holland and Weft Friefland, Curator of 
the Univerfity of Leyden, &c. &c. &c. Frederick 
Henry Baron of WatFenaer, Lord of Catwyck and 

Zand, 



1787.] WITH FRANCE. 427 

Zand, one of the Nobles of the province of Holland 
and Weft Friefland, Hoog-Heemrade of Rhynland, 
&c. Gerard Arnout Hafielaer, Burgo-mafter and 
Counfellor of the city of Amfterdam, Director of the 
Eaft India Company ; John Baron of Borfek, Firft 
Noble and Reprefentative of the Nobility in the States, 
in the Council and Admiralty f Zeland, Dire' c :or 
of the Eaft India Company j Onno Zwier Van Ha- 
ren, Grietman of Weft Sterlingwerf, Deputy Coun- 
feilor of the province of Friefland, and Commiirary 
General of all the Swifs and Grifon troops in the fer- 
vice of the aforefaid States General, and refpeftive 
Deputies in the Aflembly of the States General., and 
in the Council of State, on the part of the provin- 
ces of Holland and Weft Friefland, Zealand, and 
Friefland. 

The moft Serene Duke of Modena, the Sieur 
Count de Monzone, his Counfellor of State, and Co- 
lonel in his fervice, and his Minifter Plenipotentiary 
to his moft Chriftian Majefty. 

The moft Serene Republic of Genoa, the Sieur 
Francis Marquis Doria. 

Who, after having communicated their full powers 
to each other in due form, copies whereof are annexed 
at the end of this prefent treaty, and having confer- 
red on the feveral objects, which their Sovereigns 
have judged proper to be infeited in this inftrument 
of general pacification, have agreed to the feveral ar- 
ticles, which are as follow. 

I. There fhall be a chriftian, univerfa], and perpe- 
tual peace, as well by fea as land, and a fi.ricere ancj 
lafting friendfhip, between the eight Powers abovemen- 
tioned, and between their heirs and fucceflbrs, king-? 
doms, ftates, provinces, countries, fubjects^ and vaffals, 
of what rank .and condition foever they may be, with- 
out exception of places or perfons. So that the high 
contracting Powers may have the greateft attention 
to maintain, between them and their faid ftates and 
fubjects, this reciprocal friendfhip and correfpondence, 



TREATIES [1259 

not permitting any fort of hoftilitics to be committed, 
on one fide or the other, on any caufe, or under any 
pretence whatsoever j and avoiding every thing that 
may, for the future, difturb the union happily rc- 
eftablifhed between them ; and, on the contrary, en- 
deavouring to procure, on all occafions, whatever 
may 'contribute to cheir mutual glory, interefts, and 
advantage, without giving any afliftance or protec- 
tion, directly or indirectly, to thole who would injure 
or prejudice any of the faid high contracting parties. 

II. There fhall be a general oblivion of whatever 
may have been done or committed during the war 
now ended. And all perfons, upon the day of the 
exchange of the ratifications of all the parties, fhall be 
maintained or re-eftablifhed in the pofieflion of all the 
effects, dignities; eeclefiaftical benefices, honours, re- 
venues, which they enjoyed, or ought to have enjoy- 
ed, at the commencement of the war, nuwithftand- 
ing all difpofieflions, feizures, or confiscations, occa- 
fioned by the faid war. 

III. The treaties of Weftphalia of 1648 ; thofe of 
Madrid, between the crowns of England and Spain, 
of 1667 and 16705 the treaties of peace of Nime- 
guen of 1678 and 1679; of Ryfwick of 1697; of 
Utrecht of 1713; of Baden of 1714; the treaty of 
the triple alliance of the Hague of 1717 ; that of the 
quadruple alliance of London of 1718; and the 
treaty of peace of Vienna of 1738, ferve as a bafts 
and foundation to the general peace, and to the prc- 
Jjnt treaty ; and, for this purpofe, they are renewed 
ancf confirmed in the beft form, and as if they were 
herein inferted word for word; fo that they fhall be 
punctually obferved for the future in all their tenor, 
and religioufly executed on the one fide and the other; 
fuch points, however, as have been derogated from 
in the prefent treaty exceptcd. 

IV. All the prifoners made on the one fide and the 
other, as -Well by fea as by land, and the hoftages re- 

qii 



1787.] WITH FRANCE. 429 

quired or given during the war, and to this day, fhall 
be reflored, without ranfom, in fix weeks at laceft, to 
be reckoned from the exchange of the ratification of 
the prefent treaty j and it fliall be immediately pro- 
ceeded upon after that exchange : and all the fhips of 
war, as well as merchant veffels, that fhall have foeen 
taken fince the expiration of the terms agreed upon 
for the ceiTation of hoftilities at fea, fhall be, in like 
manner, faithfully reflored, with all their equipages 
and cargoes ; >and fureties fhall be given on all fid^s 
for payment of the debts, which the prifoners or hof- 
lages may have contracted, in the ftates where they 
had been detained, until their full difcharge. 

V. All the conquefts, that have been made fince 
the commencement of the war, or which, fince the 
conclufion of the preliminary articles, figned the 3oth 
of April laft, may have been or fhall be made, either 
in Europe, or the Eaft or Weft Indies, or in any 
other part of the world whatfoever, being to be refto- 
red without exception, in conformity to what was fti- 
pulated by the faid preliminary articles, and by the 
declarations fince figned ; the high contracting parties 
engage to give orders immediately for proceeding to 
that reftitution, as well as to the putting the moil Se- 
rcne Infant Don Philip in polTeflion of the ftates, 
which are to be yielded to him by virtue of the faid 
preliminaries, the faid parties folemnly renouncing, as 
well for themfelves as for their heirs and fucceffors, 
all rights and claims, by what title or pretence fb- 
ever, to all the ftates, countries, and places, that they 
reipedtively engage to reftore or yield ; faving, how- 
ever, the reverfion ftipulated of the ftates yielded to 
the moft Serene Infant Don Philip. 

VI. It is fettled and agreed, that all the refpective 
reftitutions and ceffions in Europe fhall be entirely, 
made and executed on all fides in the fpace of fix . 
weeks, or fooner if poflible, to be reckoned from the 
day uf the exchange of the ratifications of the prefent 

treaty 



430 TREATIES [1259 

treaty of all the eight parties above-mentioned ; fo 
that, within the fame term of fix weeks, the moft Chrif- 
tian King (hall reftore, as well to the Emprefs Queen 
of Hungary and Bohemia, as to the States General 
of the United Provinces, all the conquefts which he 
has made upon them during this war. 

The Emprefs Queen of Hungary and Bohemia 
Jhall be put, in con fequence hereof, in full and peace- 
able pofiefllon of all that fhe poffefled before the-pre- 
fent war in the Low Countries, and clfcv/here, except 
what is otherwife regulated by the prefent treaty. 

In tho fame time the Lords the States General of 
the United Provinces fhall be put in full and peace- 
able pofleflion, and fuch as they had before the prc- 
fcnt \var, of the places of Bergcn-op-Zoom andMaef- 
tricht, and of all they pofleflcd before the faid prck-nt 
war in Dutch Flanders, Dutch Brabant, and die- 
where : 

And the towns and places in the Low Countries, 
the fovereignty of which belongs to the Emprcls Queen 
of Hungary and Bohemia, in which their High Migh- 
tinefles have the right of garrilbn, fhall be evacuated 
to the troops of the Republic, within the fame fpacc 
of time. 

The King of Sardinia lhall be in like manner, and 
within the lame time, entirely re-eftablifhed and main- 
tained in the dutchy of SaVoy, and in the county of 
Nice, as well as in all the dates, countries, places, and 
forts conquered and taken from him on occafion of 
the preieht war. 

The mod Serene Duke of Modena, and the mod 
Serene Republic of Genoa, fhall be alfo, within the 
fame time, entirely re-eftablifhed and maintained in 
the dates, countries, places, and forts conquered and 
taken from them during the prcfcnt war, conformably 
to the tenor of the i3th and i4th articles of this treat)-, 
which relate to them. 

All the rcditutions and o-flions of the faid towns, 
forts, and places, diall be mad'/, with all the artillery' 

and 



1787.] WITH FRANCE. 431 

and warlike ftores that were found there on the day 
of their fur-render, during the courfe of the war, by the 
Powers who are to make the faid ceffions and reftitu- 
tions, and this according to the inventories which have- 
been made of them, or which (hall be delivered bond 
-fide, on each fide. Provided that, as to the pieces of 
, artillery, that have been removed eliewhere to be new 
call, or- for other ufcs, they fhall be replaced by the 
fame number of the fame bore, or weight in metal. 
Provided alfo, that the places of Charleroy, Mons, 
Athe, Oudenarde, and Menin, the outworks of which 
have been demolifhed, fhall be reftored without artil- 
lery. Nothing fhall be demanded for the charges' and 
expences employed in the fortifications of all the other 
places j nor- for other public or private works, which 
have been done in the countries that are to be re- 
ftored. 

VTI. In confideration of the reftitutions that his 
moft Chriftian Majefty, and. his Catholic Majefty, 
make, by the prefent treaty, either to her Majefty the 
Queen of Hungary and Bohemia, or to his Majefty 
the King of Sardinia, the dutchies of Parma, Placen- 
tia, and Guaftella fhall, for the future, belong to the. 
moft Serene Infant Don Philip, to be poffefTed by him 
and his male defcendants, born in lawful marriage, in 
the fame manner, and in the fame extent, as they 
have been, or ought to be, pofiefTed by the prefent 
poJ3efIb,rs; and the faid moft Serene Infant, or his- 
male defcendants, fhall enjoy the faid three dutchies, 
conformably and under the conditions exprefTed in the 
acts of ceffion of the Emprefs Queen of Hungary 
and Bohemia, and of the King of Sardinia. 

Thefe acts of ceffion of the Emprefs Queen of. 
Hungary and Bohemia, and of- the King of Sardinia, 
fhall be delivered, together with their ratifications of 
the prefent treaty, ta the AmbafTador Extraordinary 
and Plenipotentiary of the Catholic King, in like man- 
ner as the AmbafTadors Extraordinary and Plenipo~ 
tentiaries of the moft Chriftian. King^ and- Catholic- 
King, 



432 TREATIES [1259 

King, fhall deliver, with the ratifications of their Ma- 
jefties, to the AmbafTador Extraordinary and Plenipo- 
tentiary of the King of Sardinia, the orders to the 
Generals of the French and Spanifh troops to reftore 
Savoy and the county of Nice to the perfons appoint- 
ed by that Prince to receive them ; fo that the refti- 
tution of the laid ftates, and the taking pofleflion of 
the dutchies of Parma, Placentia, and Guaftalla, by 
or in the name of the mod Serene Infant Don Philip, 
may be effected within the fame time, conformably to 
the acts of cefiion, the tenor whereof follows. 

"WE Mary Therefia, &c. make known by thefe 
prefents : Whereas, in order to put an end to the fatal 
war, certain preliminary articles were agreed upon, the 
30th of April of this year, between the Minifters Ple- 
nipotentiaries of the moft Serene and mod Potent 
Prince George II. King of Great Britain, and the 
moft Serene and moft Potent Prince Lewis XV. the 
moft Chriftian King, and their High Mightincflfes the 
States General of the United Provinces, which have 
been fince ratified by all the Powers concerned : the 
tenor of the 4th article whereof is conceived in the 
following manner. 

The dutchies of Parma, Placentia, and Guaftall:i, 
{hall be yielded to the moft Serene Infant Don Phi- 
lip, to ferve him as an eftablifhment, with the right 
of revcrfion to the prefent pofleflbrs, after that his 
Majefty the King of the Two Sicilies fhall have fuc- 
ceeded to the crown of Spain : as alfo in cafe the faid 
moft Serene Infant Don Philip Ihould happen to die 
without children. 

And whereas a definitive treaty of peace having 
fince been concluded, the feveral points relating to 
this affair have been, by virtue of the articles thereof 
explained, by the common confent of the parties con- 
cerned, in the following manner. 

In confideration of the reftitutions that his moft 
Chriftian Majefty and his Catholic Majefty make, by 
the preicnt treaty, either to her Majcity the Queen of 

Hungary 



1787-] WITH FRANCE. 433 

Hungary and Bohemia, or to his Majefty the King of 
Sardinia, the dutchies of Parma, Placentia, and Gua- 
ftalla fhall, for the future, belong to the moft Serene 
Infant Don Philip, to be pofiefied by him, and his male 
defcendants born in lawful marriage, in the fame man- 
ner, and in the fame extent, as they have been or ought 
to be poflefled by the prefent pofleflbrs ; and the faid 
moft Serene Infant, or his male defcendants, fhall 
enjoy the faid three dutchies, conformably and under 
the conditions exprefted in the acts of cefiion of the 
Emprefs Queen of Hungary and Bohemia, and of the 
King of Sardinia. 

Thefe acts of ceflion of the Emprefs Queen of 
Hungary and Bohemia, and of the King of Sardinia, 
fliall be delivered, together with their ratifications of 
the prefent treaty, to the Ambaflador Extraordinary 
and Plenipotentiary of the Catholic King, in like 
manner as the Ambaffadors Extraordinary and Pleni- 
potentiaries of the moft Chriftian King and Catholic 
King fhall deliver, with the ratifications of their Ma- 
jefties, to the Ambafladors Extraordinary and Pleni- 
potentiaries of the King of Sardinia, the orders to the 
generals of the French and Spanifh troops to reftore 
Savoy and the county of Nice to the perfons ap- 
pointed by that Prince to receive them j fo that the 
reftitution of the faid States, and the taking pofleflion 
of the dutchies of Parma, Placentia, and Guaftalla, 
by or in the name of the moft Serene Infant Don 
Philip, may be effected in the fame time, conformably 
to the faid acts of ceflion. 

Wherefore, in order to fulfil thofe things, to which 
we have bound ourfelves by the articles before inferted, 
and in the firm hope that the moft Chriftian and Ca- 
tholic Kings, and the future pofieffbr of the aforefaid 
three dutchies, and his male defcendants, will, on their 
part, bond fide', and punctually, fulfil the tenor of the 
articles above-mentioned, and will likewife reftore to 
us, within the fame time, the ftates and places which 
are to be reftored to us in conference of die fecond 

VOL. I, F f and 



434 



TREATIES 



and eighteenth articles of the fame preliminaries, 
we do yield and renounce, for us and our t >.:c cciTors, 
under die conditions exprefied in the above- men- 
tioned articles, all rights, claim?, and pretenfions to 
us, under any title or caufe whr.tfoever belonging 
upon the aforefaid three dutchies of Panr.a, Placentia, 
and Guaftalla, formerly poJTefled by us; and transfer 
die fame rights, claims, and preienfions, in the belt 
and moft folemn manner poffbk , t the moft Serene , 
Don Philip Infant of Spain, and his male defendants 
to be born in lawful marriage, abfolving all the inha- 
bitants of the faid dutchies from the allegiance and 
oath which they have taken to us, who (hall be ob- 
liged for the future to pay the lame allegiance to thole 
to whom we have yielded our rights; all which how- 
ever is to be underftood only for that fpace of time 
that either the faid moft Serene Infant Don Philip, or 
one of his defendants, fhall not have afcended either 
the throne of the Two Sicilies, or of Spain; for at 
that time, and in cafe the aforefaid Infant fliould die 
without male defendants, we exprefsly referve to our- 
ielves, our luirs and fuccefibrs, all rights, claims, and 
pretenfions, which have heretofore belonged to IK. 
and consequently the right of revcrfion to the laid 
dutchies. 

In witncfs whereof &c. 

C.I I A R 1. K S Emanuel, &c. The dcfire we have 
on our part, to the moft fpeedy rc- 
eftablifhment of the public tranquillity, which lately 
induced us to accede to die preliminary articles, figned 
the 3Cth of April laft, between the Minifters of his 
Britannic Majefty, his moft ChriftianMajefty, and the 
Lords the States General of the United Provinces, 
which we c!i<j on the 31 ft of May laft, by our Pleni- 
potentiary accordingly accede to, inducing us now to 
accomplifti as much as is to be performed on our part 
in purfuance of them; and particularly for the execu- 
tion of what is contained in the fourth article of the 
preliminaries, by virtue whereof the dutchies of 

Parma, 



1787.] w-t T H R A N- C E. 43.$ 

Parma, Placentia, and Guaftalls, are to be yielded to 
the moil Serene Prince Don Philip, Infant of Sfiain, 
to hold, as an eftablifhment, with the right of rever- 
fion to the prefent poffeffors; as foon as his Majefty 
the King of the Two Sicilies fhall have fucceeded to 
the crown of Spain, or that the faid Infant fhoiild 
happen to die without iffue male; we, in conformity 
thereto, do, by the prefent aft, renounce, yield, and 
transfer, for ourfelves and our fucceffors, to the afore- 
faid moft Serene Infant Don Philip, and to his male 
iffue, and their defcendants born in lawful marriage, 
the town of Placentia, and the Plaifantine (whereof 
we were po defied) to be held and pcffefTed by him as 
Duke of Placentia; renouncing to this end all rights, 
claims, and pretenfions, which we have upon them; 
referring, however, exprefsly, to us and our fucceffors, 
the right of reverfion in the cafes above-mentioned. 

In witnefs whereof, &rc. 

VIII. In order to fecure and effectuate the faid 
reftitutions and cefficns, it is agreed, that they fhall be 
entirely executed and accomplifhed on all fides, in 
Europe, within the term of fix weeks, or fooner if 
poffible, to be reckoned from the day of the exchange 
of the ratifications of all the eight Powers; it being 
provided, that in fifteen days after the figning of the 
prefent treaty, the generals, or other perfons, whom 
the high contracting parties fhall think proper to ap- 
point for that purpofe, fhall meet at Bruffels and at 
Nice, to concert and agree on the method of pro- 
ceeding to the reftitutions, and of putting the parties 
in poffeffion, in a manner equally convenient for the 
good of the troops, the inhabitants, and the refpec- 
tive countries ; but fo that all and each of the high 
contracting Powers may be, agreeable to their inten- 
tions, and to the engagements contracted by the pre- 
fent treaty, in full and peaceable poffeffion, without 
any exception, of all that is to be acquired to them, 
either by reftitution or ceffion, within the faid term of 
Ff2 fix 



436 TREATIES [1259 

fix weeks, or fooncr if poflible, after the exchange of 
the ratifications of the prefent treaty by all the faid 
eight Powers. 

IX. In confideration that, notwithftanding the reci- 
procal engagement taken by the eighteenth article of 
the preliminaries, importing that all the reftitutions 
and cefiions Ihould be carried on equally, and fhould 
be executed at the fame time, his moft Chriftian Ma- 
jefty engages, by the fixth article of the prefent treat}', 
to reftore within the fpace of fix weeks, or fooner if 
poflible, to be reckoned from the day of the exchange 
of the ratifications of the prefent treaty, all the con- 
quefts which he has made in the Low Countries j 
whereas it is not poflible, confidering the diftance of 
the countries, that what relates to America fhould be 
effected within the fame time, or even to fix the time 
of its entire execution; his Britannic Majefty likewifc 
engages on his part to fend to his moft Chriftian Ma- 
jefty, immediately after the exchange of the ratifica- 
tions of the prefent treaty, two perfons of rank and 
confideration, who lhall remain there as hoftages, till 
there (hall be received a certain and authentic account 
of the reilitution of Ifle Royal, called Cape Breton, 
and of all the conquefts which the arms or fubjecls of 
his Britannic lUajefty may have made, before or after 
the figning of the preliminaries, in the Eaft and Weft 
Indies. 

Their Britannic and moft Chriftian Majefties oblige 
themfelves likcwife to caufe to be delivered, upon the 
exchange of the ratifications of the prefent treaty, the 
duplicates of the orders addrefied to the commiflaries 
appointed to reftore and receive, refpectively, whatever 
may have been conquered on either fide in the faid 
Eaft and Weft Indies, agreeably to the fecond article 
of the preliminaries, and to the declarations of the 
2ift and 3ift of May, and the 8th of July laft, in 
regard to what concerns the faid conquefts in the Eaft 
and Weft Indies. Provided neverthek-fs, that Ifle 
Royal, called Cape Breton, Ihall be reftorcd, with all 

the 



1787.] WITH FRANCE. 437 

the artillery and warlike ftores which fhall have been 
found therein on the day of its furrender, conformably 
to the inventories which have been made thereof, and 
in the condition that the laid place was in on the faid 
day of its furrender. As tf 1 the other reftitutions, they 
fhall take place conformably to the meaning of the 
fecond article of the preliminaries, and of the decla- 
rations and convention of the 21 ft and 3 ill of May, 
and the 8th of July laft, in the condition in which 
things were on the i ith of June, N. S. in the Weft 
Indies, and on the 3ift of October alfo, N. S. in the 
Eaft Indies. And every thing befides fhall be re-efta- 
blifhed O n the foot that they were or ought to be be- 
fore the prefent war. 

The faid refpective commiflaries, as well thofe for 
the Weft, as thofe for the Eaft Indies, fhall be ready 
to let out on the firft advice that their Britannic and 
moft Chriftian Majefties fhall receive of the exchange 
of the ratifications, furnifhed with all the neceflary in- 
ftructions, commifllons, powers, and orders, for the 
moft expeditious accoinplifhment of their faid Majef- 
ties intentions, and of the engagements taken by the 
prefent- treaty. 

X. The ordinary revenues of the countries that are 
to be refpeclively reftored or yielded, and the impo- 
fitions laid upon thofe countries for the entertainment 
and winter quarters of the troops, fhall belong to the 
Powers that are in poiTefllon of them, till the day of 
the exchange of the ratifications of the prefent treaty, 
without, however, its being permitted to proceed to 
any kind of execution, provided fufficient fecurity has 
been given for the payment i it being always to be un- 
derftood, that the forage and utenfils for the troops fhall 
be furnifhed -till the evacuations; in confequence of 
which, all the Powers promife and engage not to de- 
mand or exact impofitions and contributions which 
they may have laid upon the countries, towns, and 
places that they have pofTeffed during the courfe of the 
war, and whi<;h had not been paid at the time that the 
F f 3 events 



43 8 TREATIES [1259 

events of the faid war had obliged them to abandon 
the faid countries, towns, and places ; all pretenfions 
of this nature being made void by the prefent treaty. 

XL All the papers, letters, documents, and ar- 
chives, which were in the countries, eftates, towns, and 
places which are reftored, and thofc belonging to the 
countries yielded, fhall be refpeftively, and bc>nr.f4e 9 
delivered or given up at the fame time, if poffible, as 
pofiefiion (hall be taken, or at fartheft two months after 
the exchange of the ratifications of the prefent neaty of 
all the eight parties, in whatever places the fakl papers 
or documents may be, namely, tiiofe which may have 
been removed from the archive of die great council of 
^techlin. 

XII. His Majefty the King of Sardinia ihall remain 
in poflefTion of all that he antiently and newly enjoyed, 
and particularly of die acquifition which he made in 
the year 1743 of the Vigevanafque, a part of the Pa- 
vefan, and the county of Angjiiera, in the manner as 
this Prince now poffefles them, by virtue of the ct (lions 
that have been made of them to him. 

XIII. The moft Serene Duke of Modena, by vir- 
tue as well of the preftnt treaty, as of his rights, pre- 
rogatives, arid dignities, ihall take pofleffion fix u j 

or fooner if poffible, after the exchange of the ratifica- 
tions of tlie faid treaty, of all his dates, places, forts, 
countries, effefts, and revenues, and, in general, of all 
that he enjoyed before the war. 

At the fame time fhall be likewise reftored to him 
his archives, documents, writings, and movcables, of 
what nature foever they may be, as alfo the artillery 
and warlike ftores which fhall have been found in his 
countries at the time of their being feized. As to what 
{hall be wanting, or fhall have been converted into 
another form, the juft value of the things fo taken 
away, and which are to be reftored, fhall be paid in 
ready mowey; which money, as well as the equivalent 
for the fiefs which the moil Serene Duke of iModena 

pofleiTed 



1787.] WITH FRANCE. /" 439 

poflfefied in Hungary, if they are not reftored to him, 
fhall be fettled and adjuftai by the refpective generals 
or cornmifTaries, who, according to the eighth article 
of the prefent treaty, are to afTemble at Nice in fifteen 
days after the fignature, in order to agree upon the 
means for executing the reciprocal reilitutions and put- 
ting in pofleflion, fo that at the fame time, -and on the 
Tame day as the moft Serene Duke of Modena lhall 
take porTefTion of all his ftates, he may likewife enter 
into the enjoyment, either of his fiefs in Hungary, or 
of the faid equivalent, and receive the value of fuch 
things as cannot be reftored to him. Juftice fhall alfo 
be done him, within the fame time of fix weeks after 
the exchange of the ratifications, with refpect to the 
allodial effects of the Houfe of Guaftalla. 

XIV. The moft Serene Republic of Genoa, as 
well by virtue of the prefent treaty, as of its rights, 
prerogatives, and dignities, lhall re-enter into the pof- 
fefiion, fix weeks, or fooner if^oflible, after the ex- 
change of the ratifications of the laid treaty, of all the 
ftates, forts, places, countries, effects, of what nature 
foever they may be, rents and revenues, that it enjoyed 
before the war; particularly, all and every one of the 
members andfubjects of the faid republic fhall, within 
the aforefaid term after the exchange of the ratifica- 
tions of the prefent treaty, re-enter into the pofTefTion, 
enjoyment, and liberty of difpofmg of all the funds 
which they had in the bank of Vienna, in Auflria, 
in Bohemia, or in any other part whatfbever of the 
ftates of the Emprefs Queen of Hungary and Bo- 
hemia, arid of thofe of the King of Sardinia ; and the 
intereft fhall be exactly and regularly paid them, to be 
reckoned from the faid day of the exchange of the 
ratifications of the prefent treaty. 

XV. It has been fettled and agreed upon between 
the eight high contracting parties, that, for the advan- 
tage and maintenance of the peace in general, and for 

Ff 4 the 



440 TREATIES [1259 

the tranquillity of Italy in particular, all things fhall 
remain there in the condition they were in before the 
war; faving, and after, the execution of the diipoiitions 
made by the prefent treaty. 

XVI. The treaty of the A"** ient o f r tne trade of 
negroes, figned at Madrid on the 26th of March, 
1713, and the article of the annual (hip, making part 
of the faid treaty, are particularly confirmed by the 
prefent treaty, for the four years during which the 
enjoyment thereof has been interrupted, fmce the com- 
mencement of the prefent war, and fhall be executed 
on the fame footing, and under the fame conditions, as 
they have or ought to have been executed before the 
faid war. 

XVII. Dunkirk fhall remain fortified on the fide 
of the land, in the fame condition as it is at prefent ; 
and as to the fide of the fea, it fhall remain on the 
footing of former treaties. 

XVIII. The demands of money that his Britannic 
Maj^fty has, as Elector of Hanover, upon the crown 
of Spain; the differences relating to the abbey cf St. 
Hubert; the enclaves of Hainault, and the bureaux 
newly eftablifhcd in the Low Countries; the preten- 
fions of the Eleftor Palatine; and the other articles, 
which could not be regulated fo as to enter into the 
prefent treaty, fhall be amicably adjufted immediately 
by the commhTaries appointed for that purpofe on both 
fideo, or oihurwife, as ihall be agreed on by the Powers 
concerned. 

XIX. The fifth article of the treaty of the qua- 
druple alliaaa , concluded at London the id of Auguft-, 
1718, containing the guaranty of the fucceffion to 
the kingdom ot Great Britain in the Houfe of his 
Britannic Majefty now reigning, and by which every 
thing has been provided for that can relate to the per r 
fon who has taken the title of King of Great Britain., 
and to his descendants of both fexcs, is expfefsly con- 

firmecj 



1787.] WITH FRANCE. 44 i 

firmed and renewed by the prefent article, as if it was 
here inferted in its full extent. 

* XX. His Britannic Majefty, as Elector of Brunf- 
wic Lunenburg, as well for himfelf, as for his heirs and 
fucceflbrs, and all the ftates and pofleflions of his faid 
Majefty in Germany, are included and guarantied by^ 
the prefent treaty of peace. 

XXI. All the Powers interefted in the prefent 
treaty, who have guarantied the pragmatic fanftiOn of 
the 1 9th of April, 1713, for the whole inheritance of 
the late Emperor Charles the Sixth, in favour of his 
daughter the Emprefs Queen of Hungary and Bohe- 
mia, now reigning, and of her defcendants for ever, 
according to the order eftablilhed by the faid pragmatic 
fanction, renew it in tile beft manner pofiible , except 
however the cefllons already made, either by the faid 
Emperor, or the faid Princefs, and thofe ftipulated 
by the prefent treaty. 

XXII. The dutchy of Silefia, and the county of 
Glatz, as his Prufiian Majefty now potteries them, are 
guarantied to that Prince by all the Powers, parties, 
and contractors of the prefent treaty. 

XXIII. All the Powers contracting and interefted 
in the prefent treaty, reciprocally and reflectively gua- 
ranty the execution thereof, 

XXIV. The folemn ratifications of the prefent 
treaty, expedited in good and due form, fhall be ex- 
changed in this city of Aix-la-Chapelle, between all 
the eight parties, within the fpace of one month, or 
fooner if poffible, to be reckoned from the day of its 
fignature. 

In witnefs whereof, we the under- written their Am- 
baffadors Extraordinary and Minifters Plenipo- 
tentiaries have figned with our hands, in their 

. name, and by virtue of our full powers, the pre- 



44- TREATIES [125^ 

tent treaty erf" peace, and have caufed the fealsof 
our arms to be put thereto. 
Done at Aix-la-Chapelk, the i8th of O&ober, 

1748. 

{Signed) 



(L. S.) r. Robinfcn. (I . S.) C. ./. Ha/ekur. 

\L.S.}Sf.SeoerinfAragon. (L.S.) % /'. fl^/?. 
(L.S.) L* P0rtt <fc 72w/. (L. S.) 0. Z.Vanllare*. 

Separate Articles. 

I. SOME of 'the titles made ufe of by the con- 
trading Powers, either in the fufi powers, and other 
a&s during the courfe of the negotiation, or in the 
preamble of the prtfcnt treaty, not being generally 
acknowledged, it has been agreed, that no prejudice 
'ihall at any time refult therefrom to any 6t the faid 
contracting parties ; and that the titles taken or omittvd 
on either fide, on account of the faid negotiation, and 
of the prefcnt treaty, (hall not be cited, or any conic - 
quence drawn therefrom. 

II. It has been agreed and determined, that the 
French language, made life of in all the copies of the 
prtfcnt treaty, and which may be ull-d in the ads of 
accefllun, fhall not be made a precedent that may be 
Pledged, or drawn into cenfequence, or in any manner 
prejudice any of the contracting Powers ; and that 
they conform themfelves for the future to what has 
been and ought to be obferved with regard to, and on 
the part of rowers, who are ufed rmd have a right to 
give and receive copies of like treaties and ac~b in an- 
other language than the French. 

The prefent treaty, and the acceMlons Which mail 
intervene, having ftill the fame force and effeft as if 
the aforciaid practice had been therein obferved ; and 
"the prefont feparate articles lhall have like ,vife the fame 
force as if they were inferted in the treaty. 

In 



1787.] WITH FRANCE. 443 

In witnefs whereof, we the under-written Ambaf- 
iadors Extraordinary and Miniiters Plenipoten- 
tiaries of his Britannic Majefty, of his moft Chrif- 
dan Majefty, and of the Lords the States Ge- 
neral of the United Provinces, have figned the 
prefent feparate articles, and caufed the ieals of 
our arms to be put thereto. 

Done at Aix-la-Chapelle, the i8th of October, 
1748. 

(Signed) 

(L. S.) Sandwich. (L. S.) W. Eenthck. 

(L. S.) <T. Robinjon. (L. S.) G. A. Hajfdaer. 

(L.S.) St. Severing dragon. (L.S.) J. F. Bor/eie. 

(L.S~.) La Porte dti Tbeil. (L. S.) O.Z. VanHaren. 

His Britannic Majefty*! Full Power. 
GEORGE R. 

GEORGE the Second, by the grace of God, of 
Great Britain, France, and Ireland, King, Defender 
of the Faith, Duke of Brunfwic and Lunenburg, 
Arch-treafurer of the Holy Roman Empire, and 
Prince Elector, &c.; to all to whom thefe prefents 
Ihall come, greeting. Whereas, in order to perfect the 
work of a general peace, fo happily begun, and to 
bring it as foon.as poflible to the defired conclufion, 
we have thought proper to inveft two fit perfons with 
the title and character of our Ambaffadors Extraor- 
dinary and Plenipotentiaries at the prefent congrefs: 
Know ye therefore, that we having entire confidence 
in the zeal, judgment, (kill, and abilities in managing 
great affairs, of our right trufty and well-beloved cou- 
fm John Earl of Sandwich, as alfo our trufty and well- 
beloved Thomas Robinfon, Knight of the moft ho- 
nourable Order of the Bath, and our Minifter Pleni- 
potentiary to our good filler the Emprefs of Germany, 
Queen of Hungary and Bohemia., have named, made, 
conftituted, and appointed, as we by theie prefents 
name, make, conftitute, and appoint them our true 

and 



444 TREATIES [1259 

-and undoubted Ambafladors Extraordinary, Miniftcrs, 
Commiffioners, Deputies, Procurators, and Plenipo- 
tentiaries, giving unto them, or each of them, jointly 
or feparately, all and all manner of power and autho- 
rity, as well as our general and fpecial command (yet 
fo that the general do not derogate from the fpecial, 
or otherwife) to repair to Aix-la-Chapelle, or to any 
other place where the treaty and negotiations for the 
above-mentioned peace and tranquillity may be to be 
carried on ; and there, for us, and in our name, together 
with the Ambafiadors, Commiflioners, Deputies, and 
Plenipotentiaries of the Princes and States whom it may 
concern, properly veiled with the fame power and au- 
thority to meet in congrefs and conference, either fingly 
and feparately, of jointly and in a body; and with them 
to agree upon, treat, confult, and conclude what mi'.y 
be neceflary for making a firm and liable peace, and 
re-eftabliftiing a fincere friendlhip and good harmony ; 
and to fign for us, and in our name, every thing fo 
agreed upon and concluded j and to make a treaty or 
treaties upon what (hall have been fo agreed and con- 
cluded, and to do and tranfaft all other matters v/hich 
may appertain to the finifhing the abovefaid work, 
in as ample manner and form, and with equal force 
and efficacy, as we ourfclves could do, if perfonally pre- 
fentj engaging, and on our Royal word promifing, 
that whatever things fhall be tranfafted and concluded 
by our faid Ambafiadors Extraordinary and Plenipo- 
tentiaries, or by either of them, fhall be agreed to, ac- 
knowledged, and accepted by us, in the fulled manner; 
and that we will never fuflfer, either in the whole or in. 
part, any perfon whatfoever to infringe or aft contrary to 
the fame. In witnefs whereof, we have figned thefe pre- 
fents with our Royal hand, and have cauled to be affixed 
thereto our great leal of Great Britain. Given at our 
palace at Herrnhaufcn, the 1 ^^- h day of ~^ i3 in the 
year of our Lord 1748, and in the twenty-fecund year 
of our reign. 



1787.] WITH FRANCE. 44$. 

The moft Chriftian King's Full Power. 

LEWIS, by the grace of God, King of France 
and Navarre; to all thofe to whom thefe prefents lhall 
come, greeting. Whereas we are defirous of omit- 
ting nothing in our power in order to accelerate the 
conclufion of the great and falutary work of peace, 
.and the re-eftablifhment of the public tranquillity, 
trufting entirely to the capacity and experience, zeal 
and fidelity for our fervice, of our dear and well- 
beloved the Count deSt. Severin d'Aragon, Knight of 
our Orders^ and the Sienr de la Porte dii Theil, 
Counfellor in our councils, Secretary of our chamber 
and cabinet, and of the commands of our moft dear 
and moil beloved fon the Dauphin. For thefe caufes, 
and other good confiderations ' us thereto moving, 
we have commifiloned arid ordained them, and by 
thefe prefents, figned with our hand, do commiflion and 
ordain, and have given them, and do give to the one 
and to the other jointly, as well' as to either of them 
feparately, in cafe of abfence or indifpofition of the 
other, full power, commiflion, and ipecial order, in, 
our name, and in the quality of our AmbalTadors Ex- \ 
traordinary and Plenipotentiaries, to agree with the 
AmbafTadors and Minifters actually aflembled at Aix- 
la-Chapelle for the conclufion of a peace, provided 
with full powers in good form on the part of their 
mafters, to fettle, conclude, and fign fuch treaties, 
articles, and conventions, as the one and the other 
together, or either of them, in the aforefaid cafe of 
abfence or indifpofition of the other, fhali think good, 
and chiefly the definitive treaty, which fhall re-eilablifli 
a folid peace and perfect union between us and the 
Princes and States formerly at war, or auxiliaries of 
the Powers at war j promifmg, on the faith and word 
of a King, to accept, keep firm and ftable for ever, 
accomplilh and execute punctually, all that the-faid 
Count de St. Severin d'Aragon, and the faid Sieur de 
h Porte du Theil, or either of them, in the faid cafes 

of 



446 TREATIES [1259 

of abfence or indifpofition of the other, (hall have fti- 
pulated, promifed, and figned by virtue of this pre- 
fent power, without ever contravening the Time, or 
flittering it to be contravened, for what c;iufe or un- 
der what pretext foever; as alfo to caufe our letters of 
ratification thereof to be difpatched in good form, and 
exchanged in the time that fhall be agreed upon : for 
foch is our pleafure. In witnefs whereof, we have 
caufed cur fesl to be put to thefe preknts. Given at 
Fontainebleau, the jth day of October, in the year of 
grace 1748, and of our reign the thirty-fourth. 

(Signed) LEWIS. 

(And lower) 

By the King, 

(Signed) Brulart. 

And feakd with the great feal in yellow wax. 

'The States General's Full Power. 

THE States General of the United Provinces of 
the Netherlands 5 to all thofe who fhall fee thefe pre- 
fentr, greeting. Whereas we defire nothing more ar- 
dently than to fee the war, with which Chriftendom is 
at prefent afflicted, terminated by a good peace; and 
the city of Aix-la-Chapelle has been agreed upon for 
the' place of the conferences; we, by the fame defire 
of putting a ftop> as far as fhall be in us, to the defo- 
lation of fo many provinces, and to the effufion of fo 
rrroch Chriftian blood, hare been willing to contribute 
thereto all that depends upon usj and> to this end, to 
depute to the faid aflernbly fome perfons out of our 
own body, who have given feveral proofs of the know 
ledge and experience which they have of public af- 
fairs, as well as of the affeftion which they have for 
the good of our State. 

And whereas the Sieurs William Count Bentinck, 
iTord of Rhoon and Pendrecht, of the body of No* 
bles of the province of Holland and Well Frizcland, 

Curator 



1787.1 WITH FRANCE. 447 

Curator of the Univerilty of Leyden, &c?; Frederio 
Henry Baron Waflenaer, Lord of Catwyck and Zand; 
of the body of N.obles of the province of Holland 
and Weft Frizeland, Hoog-Heemrade of Rhynlandy 
&c.; Gerard Arnold HarTelaer, Schepen and Senator- 
of the city of Amfterdanv and Director of the Eafb 
India Company j and Onno Zwier van Haren, Griet- 
man of Weft Stellingwerf, deputed councilor of the 
province of Frizeland/ and .Commiffary. General of all 
the Svvifs and Grifon troops in -.our fervice? refpective 
deputies in. our Affembly, and in the Council of State; 
on the part of the provinces of Holland and Weft 
Frizeland, and Frizeland, liaye v diftinguifhed themfelves 
in ieveral employments of importance for -our fervice, 
in which they have given marks of tlieir fidelity, appli- 
cation, and addrefs in the. management of affairs: for 
thefe caufes, and Other good confederations us there- 
unto moving, we have cornrniflioned, ordained, and 
deputed the laid Sieurs Bentinck, Waflenaer, Haflelaer, 
and van Karen* .do commiffion, ordain, and depute 
them, by thefe prefents, and have given and do give 
unto them full power, commiflion,. and. Special order* 
to go to Aix-la-Chapelle, in quality of our Ambafia** 
dors Extraordinary and Plenipotentiaries for the peace, 
and there to.confer with the AmbafTadors Extraordinai-j; 
and Plenipotentiaries of his moft Chriftkn Majefiy* 
and his allies, provided, with fqfficlent, powers,, and 
there to treat of the means of. termina.tlng.aod paci4 T - 
ing the differences which at prefent occafion.the war.j 
and our faid AmbafTaclors Extraordinary and Plenipo-i 
tentiarics all together, or any of .them, or. any . one 
among them, in cafe of abfence of the., others^, by 
ficknefs or other impediment;,, lhall jiav,e^ power:, ta 
agree about the fame, and thereupon .to conclude, and 
fign a good and fure peace, and in .general to. tranfacl:, 
negotiate, promife, and grant whatever.they fhaillhink 
neceflfary to the faid effect of the peace, and generally 
to do every thing that we could do if ,we were there 
prefent, even though a more- ipecial .po.wer.and, order; 
8 not 



44 S TREATIES [1259 

not contained in thefe prefents, fhould be neceflary for 
that pwpcfe; promifing fincerely and bond fide to ac- 
cept and keep firm and (table what by our laid Am- 
bafladors Extraordinary and Plenipotentiaries, or by 
any, or any one of them, in cafe of ficknefs, abfence, 
or other impediment of the others, (hall have been 
ftipulated, promifed, and granted, and thereof to caufe 
our letters of ratification to be difpatched in the time 
that they fhall have promifed in our name to furnilh 
them. Given at the Hague, in our aflembly, under 
our great feal, the paraphe of the prefident of our 
aflembly, and the fignature of our firft greffier, the 
eighth day of March, 1748. 

(Signed) //. van Ifldmuden> t". 

(Lower) 

By order of the faid Lords the States General, 
(Signed) H. Page/. 

Me Slates General's Full Power. 

THE States General of the United Provinces of 
the Netherlands j to all thofc who fhall fee thefe pre- 
fents, greeting. Whereas we defire nothing more 
ardently than to fee the war, with which Chrittendom 
is at prefent afflidled, terminated by a good peace; 
and the city of Aix-la-Chapelle has been agreed upon 
for the place of the conferences : we, by the fame de- 
fire of putting a ftop, as far as fhall be in us, to the 
defolation of fo many provinces, and to the effufion of 
Ib much Chriftian blood, have been willing to contri- 
bute thereto all that depends upon us ; and, to this end, 
have already deputed fome perfons heretofore to the 
faid aflembly out of our own body, who have given 
feveral proofs of the knowledge and experience which 
they have of public affairs, as well as of the affeclion 
which they have for the good of our State; to wit, the 
Sieurs William Bentinck,' Lord of Rhoon and Pen- 
drecht, of the body of Nobles of the province of 
Holland and Weft Frizeland, Curator of the univer- 

fity 



1787.3 wiTfc FRANCE. 449 

fity of Leyden, &c. ; Frederic Henry Baro'n Wafleriaerj 
Lord of Catwyck and Zand, of the body of Nobles 
of the province of Holland and Weit-Friefland, Hoog- 
Heemrade of Rhynland, &c. ; Gerard Arnold Hade- 
laer, Schepen and Senator of the city of Amfterdam^ 
and Director of the Eaft India Company; and Onno 
ZwiervanHaren, Grietman of Weft- Stellingwerff, De- 
puted Counfellor of the province ofFrieilandjand Com- 
mifTary General of all the Swifs and Griibn troops in 
our fervice ; refpective Deputies in our AfTembly, and 
in the Council of State,- on the part of the provinces 
of Holland and Weft-Frieiland, and Friefland. And 
whereas we have at prefent thought proper to join a 
fifth perfon to the four above-mentioned, for this fame 
purpofe; and the Sieur John Baron Van Borflele, firft 
Noble, and reprefenting the nobility, in the States, 
in the Council, and in the Admiralty of Zeeiand, Di- 
rector of the Eaft India CompanVj and Deputy in 
our AfTembly on the part of the faid province of Zee- 
land, has diftinguilhed himfelf in feveral employments 
of importance for our fervice, in which he has given 
marks of his fidelity, application, and addrefs in the 
management of affairs : for thefe caufes, and other good 
confiderations us thereunto moving^ we have commif- 
fioned, ordained, and deputed the faid Sieur van Borf- 
fele, do commiffion, ordain, and depute him, by thefe 
prefents, and have given and do give unto him fcili 
power, commiflion, and fpecial order', to go to Aix- 
la-Chapelle, in quality of our AmbaiTador Extraordi- 
nary 'and Plenipotentiary for the peace, and there to 
confer with the AmbafTadors Extraordinary and Pleni- 
potentiaries of his moft Chriftian Majeiry and his al- 
lies, provided with fufficient full powers, and there to 
treat of the means of terminating and pacifying the 
differences which at prefent occafion the war; arid our 
laid Ambaffador Extraordinary and Plenipotentiary, 
together with the faid Sieurs Bentinck, Waffenaer, : 
Hafielaer, and Van Haren, our other four Ambafla- 
dbrs Extraordinary and Plenipotentiaries, or with any 
VOL. I. Gg or 



453 TREATIES [125^ 

r any one of them, or even alone, in cafe of abfence 
of the others by fickneis or other impediment, fhall 
have power to agree about die fame, and thereupon to 
conclude and fign a good and fure peace, and in ge- 
neral to tranfacl, negotiate, promife, and grant what- 
ever he fhall think neceffary for the faid effect of the 
peace, and generally do every thing that we could do 
if we were there prefent, even though a more fpeckd 
power and order, not contained in thefc prefents, fhould 
be neceflary for that purpofe 3 promifing fmccrely, and 
bondfdet to accept and keep firm and (table whatever 
by the faid Sicur van Borflele, together with our 
four Ambafiodors Extraordinary and Plenipoten- 
tiaries, or any or any one of them, or by him alone* 
in caff <>( fu knefs, abfence, or other impediment of 
the others, ihall have been ftipulated, promifcd, and 
granted, and thereof to caufe our letters of ratiftca* 
tion to be difpatched in the time that they fhall have 
promiftd in our name to furnifli them, Given at the 
Hague, in our A'flembly, under our great feal, the pa- 
raphe of the Pirefident of our Aflembly, and the fig- 
nature of our rlrft Greffier, the '^th day of April, 

(Signed) //. V. Hamerjlfr, V : . 

(Lower) 

By order of the faid Lords the States General, 
(Signed) H. Fayl. 



tie Etnprefs Qtwn of Hungary. 

In- the Name of the moft Holy and Undivided Trk 
niry, Father, Son, and Holy Ghoft. 

B E it known to all whom it (hall or may concern* 
The AmbalFadors Extraordinary and Plenipotentiaries 
of his Britannic Majelly, of his moft Chriltian Ma- 
jedy, and of the High and Mighty Lords die States 
General of the United Provinces, having ccnchrucd 
and ilffned, in this city of Aix-la-Chapellc, on the iSth 
day o? this prefent month of O&obcr, upon the bafis 

of 



1787.] WITH FRANCE. 451 

of the preliminaries which were agreed upon and con- 
cluded between them the 3oth day of April of the 
prefent year, a general and definitive treaty of peace, 
and two feparate articles, the tenor of which treaty and 
feparate articles follows. 

[Fiat Infer tto."\ 

And the laid Ambafladors Extraordinary and Ple- 
nipotentiaries having, in. a friendly manner, invited the 
AmbaiTador Extraordinary and Plenipotentiary of her 
Majefty the Emprefs Queen of Hungary and Boke- 
iwia, to accede thereto, in the name of her faid Ma- 
jefty; 

The Ambafiadors underwritten, that is to fay, on 
the part of the moft Serene and moft Potent Prince, 
George the Second, by the grace of God, King of 
Great Britain, John Earl of Sandwich, Vifcounc 
Hinchinbrooke, Baron Montagu of St. Neots, Peer 
of England, Firft Lord Commiffioner of the Admi- 
ralty, one of the Lords of the Regency of the king- 
dom, his Minifter Plenipotentiary to the Lords the 
States General of the United Provinces; and Sir Tho- 
mas Robinfon, Knight of the moft honourable Order 
of the Bath, and his Minifter Plenipotentiary to his 
Majefty the Emperor of the Romans, and to her Ma- 
jefty the Emprefs Queen of Hungary and Bohemia : 
and on the part of the moft Serene and moft Potent 
Princefs Maria Therefia, by the grace of God, Queen 
of Hungary and Bohemia, Emprefs, the Lord Wen- 
ceflas Anthony Count de Kaunitz Rittberg, Lord of 
EfTens, Stetefdorff, Wittmund, Aufterlitz, Hungrifch- 
brod, Wiefe, &c. actual Privy Counfellor to their 
Imperial Majefties, by virtue of their full powers, 
which they have communicated to each other, and 
copies whereof are annexed to the end of this prefent 
act, have agreed on what follows. 

That her Majefty the Emprefs Queen of Hungary 

and Bohemia, being defirous of contributing to re- 

eftablifh and confirm, as foon as pofnble, the repofe of 

G g 2 Europe, 



452 TREATIES [1259 

Europe, accedes, by virtue of the prefent act, to the 
faid treaty and two feparate articles, without any re- 
ferve or exception, in the firm confidence that every 
thing, which is therein promifed to her laid Majefty, 
will be bond fide fulfilled j declaring, at the fame time, 
and promifing, that fhe will, in like manner, moib 
faithfully perform all the articles, claufes, and condi- 
tions which relate to her. 

His Britannic Majefty likewiie accepts the prefent 
acceflion of the Emprefs Queen of Hungary and Bo- 
hemia, and promifes, in like manner, to perform, with- 
out any referve or exception, all the articles, chink's, 
and conditions, contained in the faid treaty, and the 
two feparate articles before inferted. 

The ratifications of the prefent aft fliall be ex- 
changed, in this city of Aix-la-Chapelle, within the fpacc 
of three weeks, to be computed from this day. 

In witntfs whereof, we the Ambafiadors Extraor- 
dinary and Plenipotentiaries of his Britannic Ma- 
jefty, and her Majefty the Emprefs Queen of 
Hungary and Bohemia, have figned the prefent 
aft, and have thereunto affixed the leal of our 
arms. 

Done at Aix-la-Chapelle, the 23d day of October, 
1748. 

(L. S.) Le Comte V. A. de Kaunitz Rittlerg. 

We Emprefs Queen of Hungary's Full Power. 

WE Maria Thercfia, by the grace of God, Em- 
prefs of the Romans, and of Germany, of Hungary', 
Bohemia, Dalmatia, Croatia, Sclavonia, &c. Queen; 
Arch-Dutchds of Auftria, Dutchels of Burgundy, 
Brabant, Milan, Styria, Carinthia, Carniolia, Mantua, 
Parma and Pkfcentia, Limburgh, Luxemburgh, 
Gueldre, Wurtemberg, of the Upper and Lower Si- 
lefia; Princcfs of Suabiaand Tranfylvania ; Marchion- 
efs,of the Holy Roman Empire, Burgovia, Moravia, 
and the Upper and Lower Lufatia; Countels of Habf- 

purg,' 



1787.] WITH FRANCE. 

purg, Flanders, Tirol, Ferrete, Kybourg, Goritia, Gra- 
difca, and Artois; Coimtefs of Namur; Lady of the 
marches of Slavonia, the Port of Naon, Saline, and 
Mechlin, &c. ; Dutchefs of Lorraine and Barr, Great 
Dutchefs of Tufcany, &c. do make known and certify, 
by virtue of thefe prefents. Whereas we are informed 
that the Congrefs, which had been opened at Breda, ts 
diflblved ; and that conferences are to be held at Aix-la- 
( Chapelle, between the Minifters of the feveral Princes 
' engaged in the prefent war, authorized to agree upon 
the means of terminating the differences that have 
arifen between them, and reftoring peace j and, as we 
"have nothing more at heart, than to do every thing, that 
depends upon us, towards obtaining, as foon as poflible, 
fo defirable an end, in the moft fecure and effectual 
manner, we lofe no time in doing our part towards 
the promoting fo falutary a work, by fending thither 
our Minifters Plenipotentiaries, whom we have, more- 
over, inverted with the character of our Ambaffadors. 
Confiding therefore entirely in the often tried fidelity, 
experience in bufmefs, and great prudence of our 
actual Privy Counfellor, Wenceilaus Anthony de Kau- 
nitz and Rittberg, Count of the Holy Roman Empire, 
as alfo of Thaddsus, Free Baron of Reifchach, our 
Lord of the Bed-chamber, Counfellor for the govern- 
ment of Anterior Auitria, and our Minifter to the High 
and Mighty the States General of the United Pro- 
vinces; both of whom, and each of them, we, have 
inverted with the character of our Ambaffador, as well 
as with foil powers, as we do accordingly, by thefe pre- 
fents, inveft thm both, arui each of them, in cafe of 
the abfenceor hinderancs of the other, in the moft am- 
ple manner poflible ; to the end that both or either of 
them, in cafe of the abfence or hinderance of the other, 
may join their endeavours with our allies and their Mi- 
nifters, hold friendly conferences with thofe of other 
Princes, engaged in the prefent war againft us or our al- 
lies, and with any one or more of them, furniih.ed with 
$he like full powers, and %ree upon any matters an$ 
G g 3 things 



454 TREATIES [1259 

things relating thereto, and whatever fhall have been fo 
agreed upon, whether jointly or feparatdy, to fign and 
feal; and, in a word, to do all thole things, in our name, 
which we ourfelves could do if perfonally pi dent: 
promifing, on our Imperial, Royal, and Archiducal 
word, that we will agree to, accept of, and faithfully 
fulfil, all and fingular fuch acts as our aforefaid Miniitcrs 
Plenipotentiaries, inverted over and above with the 
characters of our Ambafiadors, fhalj have fo done, 
concluded, and figned. In witnefs whereof, and for 
its greater force, we have figned the prelent full powers 
with our own hand, and ordered our Imperial, K 
and Archiducal feal to be affixed thereto. Given in 
pur city of Vienna, the 1 9th day of December, in tl\c 
year 1747, the eighth year of our reign. 

(Signed) MARIA THERESIA. 

C Count Ulfeld. 

By command of her Sacred Imperial Royal Ma n 
jefty, Joby Cbriftopb, Bartenjlein. 

His Catholic Majefty' s Acceffion. 

In the Name of the moft Holy and Undivided Trinity, 
Father, Son, and Holy Ghoft. 

B E it known to all thofe to whom it (hall belong or 
can belong. The Ambafladors and Plenipotentiaries 
of his Britannic Majefty, of his moft Chriftian Majtfty, 
and of the High and Mighty Lords the States General 
of the United Provinces, having concluded and figned 
at Aix-la-Chapclle, the iSth of October of this year, 
a definitive treaty of peace, and two feparate articles; 
the tenor of which treaty and feparate articles is as 
follows. 

[Fiat Inferno.'] 

And the fai4 Ambafladors and Plenipotentiaries 
having "amicably invited the Ambaflador Extraordinary 
and Plenipotentiary of his Catholic Majefty to a^ 
thereto, in the name of his laid Majefty j the under- 
written Ambafladors, to wit, on die part of the moft 
t v>- 



I77-l WITH FRANCE. 

Serene and moft Potent Prince, George the Second, by 
r.he grace of God, King of Great Britain, France, 
and Ireland, Duke of Brunfwic and Lunenburg, Arch- 
treafurer and Elector of the Holy Roman Empire, &c. 
the Lords John Eariof Sandwich, Vifcount of Hinch- 
jnbrooke, Baron Montagu of St. Neots, Peer of 
England, firft Lord CommifTioner of the Admiralty, 
one of the Lords Regents of the kingdom, his Mi- 
nifter. Plenipotentiary to the Lords the States General 
of the United Provinces; and Thomas Robinfon, 
Knight of the moft honourable Order of the Bath, and 
his Minifter Plenipotentiary to his Majefty the Empe- 
ror of the Romans, and lier Majefty the Empreis 
Queen of Hungary and Bohemia: and on the part 
of the moft Serene and rnoft Potent Prince, Ferdinand 
the Sixth, by the grace of God, King of Spain and of 
the Indies, the Lord Don James Maffone de Lima y 
So to Mayor, Lord of the Bed-chamber of his faid 
Catholic Majefty, and Major General of his armies, 
By virtue of their full powers^ which they have com- 
municated ? and copies whereof are added at the end 
of the prefent act, have agreed upon what follows. 

That his Catholic Majefty, defying to contribute and 
concur to re-eftablifh and fettle, as foon as pofiible ? 
the peace of Europe, accedes, by virtue of the pre- 
ient act, to the faid treaty, and two feparate articles, 
without any referve or exception, in a firm confidence, 
that whatfoever is promifed therein to his faid Majefty ? 
(hall be faithfully fulfilled j declaring, at the fame rime, 
and promifmg, that he will allb perform moft faith- 
fully all the articles, claufes^ and conditions which 
concern him* 

In like manner his Britanmc Majefty accepts thp 
prefent acceflion of his Catholic Majeftyj and like- 
wife promifes to perform, without any referve or ex- 
ception, all the articles, claufes, and conditions con- 
tained in the faid treaty, and two feparate Articles, in* 
ferted above, 

P The 



456 TREATIES 

The ratifications of the prefent act fhall be exchan- 
ged in 'this city of Aix-la-Chapelle in the Ipace of a. 
Inonth, to be computed from this day. 

In teftimony whereof, we the Ambafiadors Extra- 
ordinary and Plenipotentiaries of his Britannic 
Majefty, arid of his Catholic Majefty, have figned 
r.he prefent act, and have- caufcd the feal of ou;; 
arms to be fet thereto. 

Done at Aix-la-Chaptlle, the ;oth of October, 
1748. 

(L. S.) Sandwich. (L. S.) Den Jawts Mafones de 
(L. S.) T. Rcbinjon. Lima y Soto Mayer. 

HJ Catholic Majffty's Full Power. 

FERDINAND, by the grace of God, King of 
Paftille, of Leon, ofAragon, of the Two Sicilies, of 
Jerufalem, of Navarre, of Granada, of Toledo, of 
Valencia, of Galicia, of Majorca, of Seville, of Sar- 
dinia, of Cordova, of Corfica, of Murcia, of Jaen, of 
the Algarves, of Algczira, of Gibraltar, of the Canary 
Iflands, of the Eaft and Weft Indies, the Iflands and 
Terra Firma of the Ocean Sea, Archduke of Auilria, 
Duke of Burgundy, of Brabant and Milan, Count of 
Hapfburg, of Flanders, Tirol, and Barcelona, Lord of 
Bifcay and of Molina, &c. Whereas it has been my 
moft earned defire, ever fince Di /me Providence has 
truftcd me with the government of the vaft domi- 
nions annexed to my crown, to put an honourable end 
to the troubles in which I found my arms involved, 
and to concur in givifig peace to Europe, by all the 
juft means that fhould appear moil conducive to that 
end : and whereas I knowing that feveral Miniliers, 
and particularry thofe of the Povvers now at war, are 
meeting at Aix-la-Chapelle with the fame view to a 
general pacification; and it being therefore neceflary 
that I fh6uld appoint one to aiFift on my part, en- 
dowed with that fidelity, zeal, and underftanding, ro- 
for fuch a purpofe, and finding in you, Don 



1787-] WITH FRANCE. 457, 

Jaime Mafone de Lima, Lord of my Bed-chamber, 
and Major General of my armies, thefe fpecial and 
diftinguilhed qualifications ; I do chufe and nominate 
you, to the end that, inverted with the character of 
my Ambafiador Extraordinary and Plenipotentiary, 
you do repair, in my name, to Aix-la-Chapelk", and, 
reprefenting at that place my own perfon, you do 
treat and confer with the Minifter or Minifters of the 
Powers now at war, who do already, or fhall hereafter, 
refide there, or in any other place where it fhall be 
thought convenient to treat -, and to the end that you 
mayj, in the fame manner, conclude and fign with the 
faid Minifters, the treaty or treaties which fhall tend to 
the fole view of producing a folid and honourable 
peace ; and whatever you may thus treat ofj conclude, 
and fign, I do from this time acknowledge as accepted 
and ratified, and promife, upon my Royal word, to 
pbferve and fulfil, and to caufe the fame to be ob- 
jferved and fulfilled, in the fame manner as if I myfelf 
had treated and conferred upon, concluded and figned 
the fame. To which end, I do hereby give you all 
my authority and full power, in the moft ample man- 
ner as by law required. In witnefs whereofj I have 
caufed the prefents to be difpatched, figned with my 
hand, fealed with my fecret feal, and counterfigned 
by my under-written counfellor, and fecretary of ftate, 
and of the general dilpatch of war, the revenues, In- 
dies, and marine. Given at Aranjues, the lath of 
}tfay, 1748. I the KING. 

Ccnon de Somo'de Villa* 

... His Sardinian Majeftfs Acceffwn. 

In the Name of the moft Holy and Undivided Tri- 
nity, Father, Son, and Holy Ghoft. 

B E it known to all thpfe to whom it fhall or may 
belong. 

The AmbafTadors Extraordinary and Plenipoten- 
tiaries of his Britannic Majefty, of his moft Chriftian 

Majefty, 



45 8 TREATIES [1259 

Majefty, and of the High and Mighty Lords the States 
General of the United Provinces, having concluded 
and figned in this city of Aix-la-Chapelle, the i8th of 
the month of October laft a upon the foundation of the 
preliminaries at firft agreed to and fettled amongft 
them the thirtieth of April of this year, a general and 
definitive treaty of peace, arid two feparate article, 
the tenor ot which treaty and ieparate articles is as fol- 
lows. 

[Fiat Infer tio.'] 

And the faid Ambafladors Extraordinary and Pleni- 
potentiaries having amicably invited the AmbafTadors 
Extraordinary and Plenipotentiaries of his Majefty the 
King of Sardinia to accede thereto, in the name of his 
laid Majefty j 

The under-written Ambafladors, to wit, on the part 
of the mod Serene and moil Powerful Prince, George 
the Second, by the grace of God, King of Great Bri- 
tain, France, and Ireland, the Lords John Earl of 
Sandwich, Vifcount of Hinchinbrooke, Baron Mon- 
tagu of Saint Neots, Peer of England, Firft Lord 
Commiflioner of the Admiralty, one of the Lords Re- 
gents of the kingdom, his Minifter Plenipotentiary to 
the Lords the States General of the United Provinces ; 
and Thomas Robinlbn, Knight of the moft honourable 
Order of the Bath, and his Minifter Plenipotentiary to 
his Majefty the Emperor of the Romans, and her Ma- 
jefty the Emprefs Queen of Hungary and Bohemia i 
and on the part of the moft Serene and moft Potent 
Prince, Charles Emanuel the Third, by the grace of 
pod, King of Sardinia, the Lords Don Jgfeph Ofib- 
rio, Chevalier Grand Croix, and Grand Confervator of 
die Military Order of the Saints Maurice and Lazarus, 
and Envoy Extraordinary of his Majefty the King of 
Sardinia to his Majefty the King of Great Britain ; and 
Jofeph Borre, Count c!e la Chavanne, his Counfellor 
of State, and his Miniiter to die Lords the States Ge- 
neral of the United Provinces, by virtue of their full 
po',vers, which tiity have communicated to each other, 

WQ 



1787-] WITH FRANCE, 459 

2nd copies whereof are added at the end of the preient 
act, have agreed upon what follows. 

That his Majefty the King of Sardinia, defiring to 
contribute and concur to re-eftablifh and fettle, as foon 
as poflible, the peace of Europe, accedes, by viruie 
of the prefent aft, to the faid treaty^ and two feparate 
articles, in a firm confidence, that whatfoever is pro- 
mifed therein to his faid Majefty, fhall be faithfully 
fulfilled ; declaring at the fame time, and promifmg, 
that he will alfo perform, moil faithfully, all the arti- 
cles, claufes, and conditions, which regard him. 

In like manner his Britannic Majefty accepts the 
prefent acceflion of his Majefty the King of Sardinia; 
and likewife promifes to perform, without any referve 
or exception, all the articles, claufes, and conditions^ 
contained in the faid treaty, and the two feparate arti- 
cles, inferted above. 

The ratifications of the prefent aft fhall be exchanged 
in this city of Aix-la-Chapelle, in the fpace of twenty- 
five days, to be computed from this day. 

Jn teftimony whereof, we the Ambafladors Extraor- 
dinary and Plenipotentiaries of his Britannic 
Majefty, and of his Majefty the King of Sardi- 
nia, have figned the prefent act, and have caufed 
the feal of our arms to be fet thereto. 

Pone at Aix-la-Chapelle, the feventh of Novem- 
ber, one thoufand feven hundred forty-eight. 

(L. S.) f, Robinfon* (L. S.) 0/orio. 

(L. S.) De la Chavanm* 

The King of Sardinia';- Full -Power. 

CHARLES EMANUEL, by the grace of God, 
King of Sardinia, of Cyprus, and of Jerufalem; Duke 
of Savoy, of Montferrat, of Aofte, of Chablais, of 
Genevois, and of Plaifance ; Prince of Piedmont and 
of Oneille; Marquis of Italy, of Saluces, of Sufa, of 
Ivree, of Ceve, of Maro, of O rift an, and of Sefane j 
fount of Maurienne, of Geneva, of Nice, of Tende, 

of 



TREATIES {1259 

of Romont, of Aft, of Alexandria, of Gocean, of No- 
vara, of Tortona, of Vigevano, and of Bcbbioj Ba- 
ron of Vaud and of Faucigny ; Lord of Verceil, of 
Pignerol, of Tarantaife, of the Lumelline, and of the 
Valley of Sefia ; Prince and Perpetual Vicar of the 
Holy Empire in Italy, &c. j to all who (hall fee thefe 
prefents, greeting. Whereas, after having acceded to 
the preliminary articles of peace, figned the 3oth of 
April laft at Aix-la-Chapelle, we are fmcerely defirous 
of concurring in the perfect re-eftablifhment of the 
general peace in Europe, to which all the Powers-, 
that have figned and acceded, as we have done, to the 
afbrefaid preliminary articles, are difpofed to give their 
afliftance, by reducing thofe fame preliminary articles, 
and other acts dt-pending thereon, into one defini- 
tive treaty of general peace. For thefe reafons, and 
other confiderauons us thereunto moving, we, trufting 
in the capacity, experience, zeal and fidelity for our 
fervice, of our dear, well- beloved, and trufty, the Che- 
valier Offbrio, Knight, Grand Croix and Grand Con- 
fervator of our Military Order of the Saints Maurice 
and Lazarus, and our Envoy Extraordinary to the 
King of Great Britain j and the Count Borre de la 
Chavanne, our Councilor of State, our Minifter to 
the Lords the States General of the United Provin- 
ces, and our Minifter Plenipotentiary to the confe- 
rences of Aix-la-Chapellc, have named and deputed 
them, as by thefe prefents we do ' name and depute 
them, our Ambafiadors Extraordinary and Plenipoten- 
tiaries ; and have given them, and do give them, pow r 
er, ccmmiflion, and ipecial order ? in our name, and in 
the faid quality of our Ambafladors Extraordinary and 
Plenipotentiaries, to make, conclude, and fign, both 
jointly, or one of them alcne, in cafe of abfence, fick- 
m-fo, or other hindcrance of the other, with therefpec- 
tive Ambafiadors Extraordinary' and Plenipotentiaries 
of the above-mentioned Powers, jointly or fepar 
provided with powers for that purpofe, fuch definitive 
treaty of pe act-, articles, conventions, or acts, a- 



1787-] WITH FRANCE. 46* 

ihall tliink fit, for re-eftablilhing, in a folid manner, 
the general peace in Europe, or to accede to thofe 
which fhall have been already concluded and figned 
for the fame end; willing, that they fhould, upon 
thofe occafions, act with the fame authority as we 
would do, if we were prefent in perlbn^ and even if 
any thing fhould occur, which might require a more 
ipecial order, not contained in thefe prefents : promi- 
fing, upon the faith and word of a King, to obferve and 
cauie to be obferved inviolably all that Ihall be done, 
agreed, regulated, and figned by the above-mentioned 
Chevalier Offorio and Count de la Chavanne, our Am- 
bafTadors Extraordinary and Plenipotentiaries, with- 
out contravening, or fufrering any contravention there- 
to, directly or indirectly, for what caufe or under 
what pretext foever it (hall or may be ; as alfo to caufe 
to be difpatched our letters of ratification thereof in 
due form, to be exchanged within the term which fhall 
be agreed on. In witnefs whereof, we have figned 
thefe prefents with our hand, and caufed them to be 
counterfigned by the Marquis D. Leopold de Carret 
de Gorzegne, our Firft Secretary of State for foreign 
affairs, and caufed the fecret feal of our arms to be af- 
fixed thereto. , Given at Turin, the twenty-fourth of 
the month of Auguft, in the year of our Lord one 
thoufand feven hundred and forty- eight, and of our 
reign the nineteenth. 

(L S.) C. EMANUEL. 
(Lower) Carret de Gorzegw. 

The AcceJJlon of the Duke of Modena. 

In the Name of the moft Holy and Undivided Tri- 
nity, Father, Son, and Holy Ghoft. 

BE it known to all thofe to whom it fhall or may 
belong. The Ambafiadors Extraordinary and Pleni- 
potentiaries of his Britannic Majefty, of his moft 
Chriftian Majefty, and cf the High and Mighty Lords 
the States General of the United Provinces, having' 

concluded 



TREATIES [1259 

concluded and figned, in this city of Aix-la-Chapelle, 
the 1 8th of the prefent month of October, upon the 
foundation of the preliminaries, at firft agreed upon 
and concluded amongft them the jCth day of April of 
this year, a general and definitive treaty of peace, and 
two feparate articles, the tenor of which treaty and 
fcparate articles follows. 

[Fiat Infer i'to.] 

And the faid .Ambafladors Extraordinary and Ple- 
nipotentiaries having amicably invLed the Minifter 
Plenipotentiary of his mod Serene 1 lighnefs, Francis 
the Third, by the grace of God, Duke of Modena, 
Reggio, Mirandola, &c. to accede thereto, in the name 
of* his moil Serene Highnefs; 

The under-written Ambafladors and Miniller Pleni- 
potentiary, to wit, on the part of the moil Serene and 
moll Potent Prince George the Second, by the grace 
of Go<l King of Great Britain, France, and Ireland, 
the Lords, John Earl of Sandwich, Vifcount of Hinch- 
inbrooke, Baron Montagu of St. Neots, Peer of 
England, Firft Lord Commifiaoner of the Admiralty, 
one of the Lords Regents of die kingdom, his Minifter 
Plenipotentiary to the Lords the States General of die 
United Provinces ; and Thomas Robinfon, Knight of 
the mod honourable Order of the Bath, and his Mini- 
fter Plenipotentiary to his Majefty the Emperor of thi: 
Romans, and her Majefty the Emprefs Queen of 
FJungary and Bohemia : and on the part of his moil 
Serene Highnefs the Duke of Modena, the Sieur 
Count de Monzone, his Counfellor of State, and Co- 
lonel in his fervice, and his Minifter Plenipotentiary to 
his mod Chriftian Majefty ; by virtue of their full 
powers, which they have communicated to each otiier, 
ajid of which copies are added at the end of die pre- 
lent aft, have agreed on what follows. 

That his moil Serene Highnefs the Duke of Mo- 
dena, defiring to contribute and concur to re-eilabliili 
aiul fettle, as foon as poil'ble, the peace of Europe, 

ac<; . 



1787.] WITH FRANCE* 463 

accedes, by virtue of the prefent act, to the faid treaty 
and two feparate articles, without any referve or ex- 
ception, in a firm confidence* that what is promifcd 
to his faid moft Serene Highriefs therein, ihall be 
faithfully fulfilled ; declaring and promifing, at the 
fame time,- that he will alfo perform, moft faithfully, 
all the articles, claufes, and conditions, which concern 
him. 

In like manner his Britannic Majefty accepts the 
prefent accefiion of his moft Serene Highnefs the Duke 
of Modena, and promifes likewife to fulfil, without 
any referve or exception, ,all the articles, claufes, and 
conditions, contained in the faid treaty and the two fe- 
parate articles, inferted above. 

The ratifications of the prefent act Hiall be ex- 
changed, in this city of Aix-la-Chapelle> in the fpace 
of three weeks, to be computed from this day. 

In teftimony whereof, we the Ambaffadors Extraor*. 
dinary and Minifter Plenipotentiary of his Bri- 
tannic Majefty, and of his moft Serene High- 
nefs the Duke of Modena, have figned the pre- 
fent act, and have caufed the feal of our arms to 
be fet thereto. 

Bone at Aix-la-Chapelle, the afth of October, 
I 74 '8. 

(L. S.) ?. Robinfoh. (L. S.) Le Comie <te Monzovt, 

The Duke cf Modena's Full Power. 
Francis Duke of Modena, Reggio, Mirandola* 

WHEREAS, in the conferences to be held at 
Aix-la-Chapelle, for a general pacification between 
the Powers concerned in the prefent war* affairs are to 
be treated of which regard us ; for which it is necef- 
fary to have a Minifter there, on whofe ability, fidelity, 
and prudence we may fafely rely, we have not thought 
that we could employ any perfon with greater confi- 
dence, on this occafion, than the Count de Monzorie, 

cur 



464 TREATIES [1259 

our Councilor of State, Minifter Plenipotentiary at the 
court of his mod Chriftian Majefty, and Colonel in 
our lervice; for which reafon, we do chufe and de- 
pute him for our Minifter Plenipotentiary at the faid 
Congrefs, by giving and granting to him faculty, au- 
thority, and full power, with general and fpeeial order, 
to treat there, in our name, of all matters which con- 
cern us, and to promife, agree to, conclude, ftipulate, 
and fign, on our part, whatever he fliall judge moft 
convenient for our fervice ; defiring, for this end, the 
Minifters Plenipotentiary of all the Courts concerned, 
which fhall be preicnt at the faid Congrefs, to accept of 
and acknowledge him as our Minifter Plenipotentiary; 
promifing, on the faith and word of a Prince, to hold 
as confirmed and ratified, and to approve and obferve 
all that fliall be concluded, accepted of, and ttipulated 
by the fame Minifter Plenipotentiary. 

In witncfs whereof, we have figned thcfe preterits, 
which fhall be counterfigned by one of our Mi- 
nifters, and have our feal affixed thereto. Given 
at Marfeilles, this 3oth of November, 1748. 

(Signed) FRANCESCO. 

(And underneath counterfigned) 

De 



tte Republic of Genoa's AcccJJlon. 

In the Name of the moft Holy and Undivided Tri- 
nity, Father, Son, and Holy Ghoft. 

B E it known to all thofe to whom it fliall or may 
belong. 

The Ambaffadors Extraordinary arid Plenipotenti- 
aries of his Britannic Majefty, of his moft Chriftian 
Majefty, and of the High and Mighty Lords the 
States General of the Vnited Provinces, having con- 
cluded and figned, in this city of Aix-la-Chapelle, the 
lath of the^prefent month of . October, upon the 

foundation* 



1787.] WITH FRANCE. 465 

foundation of the preliminaries, at firft agreed upon 
and fettled amongft them the ^oth of April of this year, 
a general and definitive treaty of peace, and two fepa- 
rate articles ; of which treaty and feparate articles the 
tenor is as follows. 

[Fiat Infer tio."\ 

And the faid AmbafTadors Extraordinary and Ple- 
nipotentiaries having amicably invited the Minifter 
Plenipotentiary of the moft Serene Republic of Ge- 
noa to accede thereto, in the name of the faid moft 
Serene Republic ; 

The under-written AmbafTadors and Minifter Ple- 
nipotentiary j to wit, on the part of the moft Serene 
and moft Potent Prince, George the Second, by the 
grace of God, King of Great Britain, France, and 
Ireland, the Lords, John Earl of Sandwich, Vifcount 
of Hinchinbrooke, Baron Montagu of St. Neots, 
Peer of England, Firft Lord Commiffioner of the Ad- 
miralty, one of the Lords Regents of the kingdom, 
his Minifter Plenipotentiary to the Lords 'the States 
General of the United Provinces ; and Thomas Ro- 
binfon, Knight of the moft honourable Order of the 
Bath, and his Minifter Plenipotentiary to his Majefty 
the Emperor of the Romans, and her Majefty the 
Emprefs Queen of Hungary and Bohemia : and on 
the part of the moft Serene Republic of Genoa, the 
Sieur Francis Marquis Doria, by virtue of their full 
powers, which they have communicated to each other, 
and copies whereof are added at the end of the pre- 
fent a6t, have agreed upon what follows. 

That the moft Serene Republic of Genoa, defiring 
to contribute and concur to re-eftablifh and fettle the 
quiet of Europe, accedes, by virtue of the prefent 
aft, to the faid treaty and two feparate articles, without 
any referve or exception, in a firm confidence, that 
whatfoever is promifed therein to the faid moft Serene 
Republic, fhall be faithfully fulfilled ; declaring at the 
fame time, and promifmg, that fhe will alfo perform, 

VOL. I. Hh moft 



4 66 TREATIES 

moft faithfully, all the articles, claufes, and conditions, 
which regard her. 

In like manner his Britannic Majefty accepts the 
prefent acceflion of the moft Serene Republic of Ge- 
noa; and likewife promifes to perform, without any 
referve or exception, all the articles, claufes, a'nd con- 
ditions contained in the faid treaty, and the two fepa- 
rate articles, inferted above. 

The ratifications of the prefent aft fhall be ex- 
changed in this city of Aix-la-Chapelle, in the fpacc 
of twenty-five days, to be computed from this day. 

In tcftimony whereof, we the Ambafiadors Extra- 
ordinary and Minifter Plenipotentiary of his Bri- 
tannic Majefty, and of the moft Serene Repub- 
lic of Genoa, have figned the prefent aft, and 
have caufed the feal of our anns to be affixed 
thereto. 

Done at Aix-la-ChapeJle, the 28th of October 
1748. 

(L. S.) T. Rohnfon. 

(L. S.) Fr. n " M." Marquis UOria. 

fbe Republic cf Genoa's Full Power. 

The Doge, Governors, and Procurators of die Re- 
public of Genoa. 

CONSCIOUS of the experience, fidelity, and 
2eal of our Patrician Francefco Maria D'Oria, \vc 
have chofen and deputed him as our Minifter Pleni- 
potentiary at the conferences of peace at Aquifgrano, 
otherwife Aix-la-Chapelle, or any other place where 
the faid conferences of peace may hereafter be held, or 
transferred to, and we have given and conferred upon 
him, as we do give and confer upon him, ample fa- 
culty and full power, with general and fpecial order, to 
treat there in our name, upon the affairs which regard 
us, and to agree to, conclude, ftipulate, and flgn, on our 
part, whatever he lhall apprehend to be moft iuitable to 
our interefts, and that in the fame manner as we our- 
felves, were we prefent, could do, although a more full 
and 



1787.] WITH FRANCE. 46; 

and fpecial order than the prefent might be requifite, 
defiring, for this end, the Minifters Plenipotentiaries of 
all the courts concerned, which fhall be prefent at the 
faid conferences, to accept of and acknowledge him 
as our Minifter Plenipotentiary; promifing, on the 
faith and word of a Prince, to hold as confirmed and 
ratified, and to obferve all that fhall be concluded, ac- 
cepted, ftipulated, and figned by the fame, in virtue of 
the prefent full power ; as alfo to difpatch our ratifi- 
cations in due form, to be exchanged within the time 
which fhall be agreed upon. 

Jn witnefs whereof, thefe prefents fliall be figned by 
our under- written Secretary of State, with our 
ufual feal affixed thereto. 

Given at our royal palace, this ift of March 1748, 

(L. S.) C. Giufefpe Maria Sertorio, 

Secretary of State. 



[The treaty of PARIS, 1763 is printed from the copy, 
which was publiflied by authority in 1763.] 

The Definitive Treaty of Peace and Friend/hip, be- 
tween his Britannic Majefty, the moft Chriftian 
King, and the King of Spain ; concluded at Paris, 
the loth Day of February, 1763. 3 which tht 
King of Portugal acceded on the fame Day. 

In the Name of the moft Holy and Undivided Trinity, 
Father, Son, and Holy Ghoft. So be it, 

B E it known to all thofe to whom it fhall or may 
in any manner belong. 

It has pleafed the Moft High to diffufe the fpiritof 
union and concord among the Princes, whofe divifions 
had fpread the troubles in the four parts of the world, 
and to infpire them with the inclination to caufe the 
comforts of peace to fucceed to the misfortunes of a 
long and bloody war, which, having arifen between 
Hh4 England 



TREATIES [1259 

England and France, during the reign of the moft 
Serene and moft Potent Prince George the Second, 
by the grace of God, King of Great Britain, of glo- 
rious memory, continued under the reign of the moft 
Serene and moft Potent Prince George the Third, 
his fucceflbr, and, in its progrefs, communicated k- 
felf to Spain and Portugal : confequently, die moft 
Serene and moft Potent Prince, George the Third, 
by the grace of God, King of Great Britain, France, 
and Ireland, Duke of Brunfwic and Lunenbourg, 
Arch-Treafurer and Elector of the Holy Roman Em- 
pire ; the moft Serene and moft Potent Prince, 
Lewis the Fifteenth, by the grace of God, moft Chrif- 
tian King; and the moft Serene and Moft Potent 
Prince, Charles the Third, by the grace of God, 
King of Spain and of the Indies, after having laid the 
foundations of peace in the preliminaries, figned at 
Fontainebleau the 3d of November laft; and the 
moft Serene and moft Potent Prince, Don Jofeph the 
Firft, by the grace of God, King of Portugal and of 
the Algarves,. after having acceded thereto, determined 
to compk-at, without delay, this great and important 
work. For this purpofe, the high contracting parties 
have named and appointed their refpective Ambafia- 
dors Extraordinary and Minifters Plenipotentiary, viz. 
His facred Majefty the King of Great Britain, the 
moft Illuftriou^.and moft Excellent Lord, John Duke 
.iml Earl of Bedford, Marquis of Taviftock, &c. 
his Minifter of State, Lieutenant General of his ar- 
mies, Keeper of his privy feal, Knight of the moft no- 
ble Order of the Garter, and his Ambaflador Extra- 
ordinary and Minifter Plenipotentiary to his moft 
Chriftian Majefty; his Sacred Majefty the moft Chrif- 
itian King, the moft Illuftrious and moft Excellent 
Lord Cstfar Gabriel de Choifeul, Duke of Prallin, 
Peer of France, Knight of his Orders, Lieutenant 
General of his Armies, and of the province of Bri- 
tanny, Councilor in all his Councils, and Minifter and 
Sec.-oary of State, and of his commands and finances 5 
* his 



1787.] WITH FRANCE. 469 

his facred Majefty the Catholic King, the moft Illuf- 
trious and moft Excellent Lord, Dom Jerome Gri- 
maldi, Marquis de Grimaldi, Knight of the moft Chrif- 
tian King's Orders, Gentleman of his Catholic Majefty's 
Bed-chamber in employment, and his Ambafiador Ex- 
traordinary to his moft Chriftian Majefty ; his Sacred 
Majefty the moft Faithful King, the moft Illuftrious and 
moft Excellent Lord, Martin de Mello and Caftro, 
Knight proferTed ofthe Order of Chrift, of his moft Faith- 
ful Majefty's Council, and his AmbafTador and Minii- 
ter Plenipotentiary to his moft Chriftian Majefty. 

Who, after having duly communicated to each other 
their full powers, in good form, copies whereof are 
tranfcribed at the end of the prefent treaty of peace, 
have agreed upon the articles^ the tenor of which is as 
follows, 

I. There fliall be a Chriftian, univerfal, and perpe- 
tual peace, as well by fea as by land, and a fmcere and 
conftant friendfhip fhall be re-eftablifhed between their 
Britannic, moft Chriftian, Catholic, and moft Faithful 
Majefties, and between their heirs and fucceflbrs, king- 
doms, dominions, provinces, countries, fubjects, and 
vafials, of what quality or condition foever they be, 
without exception of places or of perfons : fo that the 
high contracting parties fhall give the greateft attention 
to maintain between themfelves and their faid domi- 
nions and fubjects, this reciprocal friendihip and corre- 
fpondence, without permitting, on either fide, any kind 
of hoftilities, by lea or by land, to be committed, from 
henceforth, for any caufe, or under any pretence what- 
foever, and every thing ihall be carefully avoided, 
which might, hereafter, prejudice the union happily 
re-eftablilhed, applying themfelves, on the contrary, 
on every occafion, to procure for each other whatever 
may contribute to their mutual glory, interefts, and 
advantages, without giving any affiftance or protection, 
directly or indirectly, to thofe who would caufe any 
prejudice to either of the high contracting parties : 
there fliall be a general oblivion of every thing that 
H h 3 may 



TREATIES. [1259 

may have been done or committed before, or fmce, the 
commencement of the war, which is juft ended. 

II. The treaties of Weftphalia of 1648; thofe of 
Madrid, between the crowns of Great Britain and 
Spain, of 1667 and 1670; the treaties of peace of Ni- 
meguen of 1678 and 1679; ofRyfwyck of 1697; 
thofe of peace and of commerce of Utretcht of 17 13 ; 
that of Baden of 1714; the treaty of the triple al- 
liance of the Hague of 1717 i that of the quadruple 
alliance of London of 1718; the treaty of peace of 
Vienna of 1738 j the definitive treaty of Aix-la-Cha- 
pelle of 1748 j and that of Madrid, between the crowns 
of Great Britain and Spain, of 1750; as well as the 
treaties between the crowns of Spain and Portugal, of 
the 1 3th of February 1668; of the 6th of February 
1715 ; and of the i2th of February 1761 ; and that 

of the nth of April 1713, between France and Por- 
tugal, with the guaranties of Great Britain ; ferve as 
a bafis and foundation to the peace, and to the prc-- 
fent treaty : and for this purpofe, they are all renewed 
and confirmed in the beft form, as well as all the trea- 
ties in general, which fubfifted between the high con- 
tracting parties before the war, as if they were inlert- 
cd here word for word, fo that they are to be exactly 
pbferved, for the future, in their whole tenor, andreli- 
gioufly executed on all fides, in all their points which (hall 
not be derogated from by the prefcnt treaty, notwith- 
Handing all that may have been ftipulated to the con- 
trary by any of the high contracting parties : and all 
the faid parties declare, that they will not fuffer any 
privilege, favour, or indulgence, to fubfift, contrary to 
the treaties above confirmed, except what fhall have 
faeen agreed and ftipulated by the prefent treaty. 

III. All the prifoners made, on all fides, as well by- 
land as by fea, and the hoftages carried away, or given 
during the war, and to this day, fhall be reftored, with- 
out ranfom, fix weeks, at lateft, to be computed from 
;he day of the exchange of the ratification of the pre- 
fent 



1787.] WITH FRANCE. 4741 

fent treaty, each crown reflectively paying the ad- 
vances, which fhall have been made 'for the fubfiftence 
and maintenance of their prifbners, by the Sovereign 
of the country where they fhall have been detained, 
according to the attefted receipts and eftimates, and 
other authentic vouchers, which fhall be furnifhed on 
one fide and the other : and fecurities fhall be recipro- 
cally given for the payment of the debts which the 
prifoners fhall have contracted, in the countries where 
they have been detained, until their entire liberty. 
And all the fhips of war and merchant veflels, which 
i"hall have been taken, fmce the expiration of the terms 
agreed upon for the celTation of hoftilities by fea, fhall 
be likewife reftored bond fide, with all their crews and 
cargoes : and the execution of this article fhall be pro- 
.ceeded upon immediately after .the exchange of the 
ratifications of this treaty. 

IV. His moft Chriftian Majefty renounces all pre- 
tenfions, which he has heretofore formed, or might 
form, to Nova Scotia or Acadia, in all its parts, and 
guaranties the whole of it, and with all its dependen- 
cies, to the King of Great Britain : moreover, his- 
moft Chriftian Majefty cedes and guaranties to his 
laid Britannic Majefty, in full right, Canada, with all 
its dependencies, as well as the I Hand of Cape Breton, 
and all the other iflands and coafts in the gulph and 
river St. Laurence, and, in general, every thing that 
depends on the faid countries, lands, iflands, and coafts, 
with the fovereignty, property, pofTeflion, and all rights, 
acquired by treaty or otherwife, which the moft Chrif- 
tian King, and the crown of France, have had till now 
over the faid countries, iflands, lands, places, coafts, 
and their inhabitants, fo that the moft Chriftian King 
cedes and makes over the whole to the faid King, and 
to the crown of Great Britain, and that in the moft 
ample manner and form, without reftriction, and with- 
out any liberty to depart from the faid ceflion and 
guaranty, under any pretence, or to difturb Great Bri- 
tain in the pofTefiions above-mentioned. His Britanr 
H h 4 WQ 



47 TREATIES [1159 

nic Majefty, on his fide, agrees to grant the liberty of 
the Catholic religion to the inhabitants of Canada: he 
vrill confequently give the moft precife and mod ef- 
fe<5bual orders, that his new Roman Catholic fubjects 
may profeis the worfhip of their religion, according to 
the rites of the Romilh church, as far as the laws of 
Great Britain permit. His Britannic Majefty further 
agrees, that the French inhabitants, or others who had 
been fubjedts of the moft Chriftian King in Canada, 
may retire, with all fafety and freedom, wherever they 
(hall think proper, and may f<Hl their eftates, provided 
it be to fubje&s of his Britannic Majefty, and bring 
away their effects, as well as their perfons, without be- 
ing reftraincd in their emigration, under any pretence 
whatfoever, except that of debts, or of criminal profe- 
cutions : the term limited for this emigration ihall be 
fixed to the fpace of eighteen months, to be com- 
puted from the day of the exchange of the ratifica- 
tions of the prefent treaty. 

V. The fubjefts of France fhall have the liberty of 
fifhing and diying, on a part of the coafts of the Ifland 
of Newfoundland, fuch as it is fpecified in the XHIth 
article of the treaty of Utrecht ; which article is re- 
newed and confirmed by the prefent treaty (except 
what relates to the iflaiid of Cape Breton, as well as 
to the other iflands and coafts in the mouth and in 
the gulph of St. Laurence:) and his Britannic Ma- 
jefty confents to leave to the fubjefts of the moft 
Chriftian King the liberty of fifhing, in the gulph St. 
Laurence, on condition that the fubjefts of France do 
not exercife the faid fifhery but at the diftance of three 
leagues from all the cuafts belonging to Great Britain, 
as well thofe of the continent, as thofe of the iflands 
fituated in the faid gulph St. Laurence. And as to 
what relates to the filhery on the coafts of the ifland 
of Cape Breton out of the faid gulph, the fubjecls of 
the moft Chriftian King fhall not be permitted to ex- 
ercife the faid fifhery but at the diftance of fifteen 
Jeagucs from the coafts of the ifland of Cape Breton ; 



1787-] WITH FRANCE. 473 

and the fifhery on the coafts of Nova Scotia or Aca- 
dia, and every where elfe out of the faid gulph, lhall 
remain on the foot of former treaties. 

VI. The King of Great Britain cedes the ifiandsof 
St. Pierre and Miquelon, in full right, to his moft Chrif- 
tian Majefty, to ferve as a fhelter to the French fifh- 
ermen: and his faid moft Chriftian Majefty engages 
not to fortify the faid iflands ; to erect no buildings 
upon them, but merely for the convenience of the 
fifliery ; and to keep upon them a guard of fifty men 
only for the police. 

VII. In order to re-eftablifh peace on folid and dura- 
ble foundations, and to remove for ever all fubjeft of 
difpute with regard to the limits of the Britifh and 
French territories on the continent of America ; it is 
agreed, that, for the future, the confines between the 
dominions of his Britannic Majefty, and thofe of his 
moft Chriftian Majefty, in that part of the world, {hall 
be fixed irrevocably by a line drawn along the mid- 
dle of the river Mifliffippi, from its fource to the river 
Iberville, and from thence, by a line drawn along 
the middle of this river, and the lakes Maurepas and 
Pontchartrain, to the fea ; and for this purpofe, the 
moft Chriftian King cedes in full right, and guaranties 
to his Britannic Majefty, the river and port of the 
Mobile, and every thing which he pofleffes, or ought 
to pofiefs, on the left fide of the river Miffifiippi, except 
the town of New Orleans, and the idand in which it 
is fituated, which fhall remain to France ; provided 
that the navigation of the river Miffiflippi fhall be 
equally free, as well to the fubjecls of Great Britain 
as to thofe of France, in its whole breadth and length, 
from its fource to the fea, and exprefly that part which 
is between the faid ifland of New Orleans and the 
right bank of that river, as well as the paflage both in 
and out of its mouth. It is further ftipulated, that the 
yeflels belonging to the fubje&s of either nation fhall 
not be flopped, vifited, or facetted to the payment of 

any 



474 TREATIES 

any duty whatsoever. The ftipulations, inferred in the 
IVth article, in favour of the inhabitants of Canada, 
fliall alfo take place with regard to the inhabitants of 
the countries ceded by this article. 

VIII. The King of Great Britain fhall reftore to 
France the iflands of Guadeloupe, of Marie Galantc, 
of Defirade, of Martinico, and of Belleifle ; and the 
fortrefles of thefe iflands (hall be reftored in the lame 
condition they were in when they were conquered by 
the Bririfh arms ; provided that his Britannic Majefty's 
fubjects, who (hall have fettled in the laid iflands, or 
thofe who lhall have any commercial affairs to fettle 
there, or in the other places reftored to France by the 
prefent treaty, lhall have liberty to fell their lands and 
their eftates, to fettle their affairs, to recover their 
debts, and to bring away their effects, as well as their 
perfons, on board veflcls, which they lhall be permitted 
to fend to the faid iflands, and other places reftored as 
above, and which fhall fcrve for this ufeonly, without 
being reftrained on account of their religion, or undtrtiny 
other pretence whatfoever, except that of debts or of 
criminal profecutions: and for this purpofe, the term of 
cighteeen months is allowed to his Britannic Majefty's 
fubjefts, to be computed from the day of the exchange 
of the ratifications of the prefent treaty ; but, as the 
liberty, granted to his Britannic Majefty's fubjecls, to 
bring away their perfons and their effefts, in veflels of 
their nation, may be liable to abufcs, if precautions 
were not taken to prevent them ; it has been exprefly 
agreed between his Britannic Majefty and his moft 
Chriftian Majefty, that the number of Englifh veflels, 
which lhall have leave to go to the faid iflands and 
places reftored to France, lhall be limited, as well a* 
the number of tons of each one ; that they fhall go in 
ballaft ; lhall fet fail at a fixed time ; and lhall make 
one voyage only, all the effects, belonging to the 
Knglilh, being to be embarked at rhr lame time. It 
has been further agreed, that his moft Chriftian Ma- 
jefty fhall caufe the neeeflfary pafiports to be given to 

ft* 



w ' T H FRANC E. 475 

the faid veflels ; that, for the greater fecurity, it lhall 
be allowed to place two French clerks, or guards, in 
each of the faid veflels, which fhall be vifited in the 
landing places and ports of the faid iflands, and places, 
reftored to France, and that the merchandife, which 
fhall be found therein, lhall be confifcated. 

IX. The mod Chriftian King cedes and guaranties 
to his Britannic Majefty, in full right, the iflands of 
Grenada, and of the Grenadines, with the fame ftipu- 
lations in favour of the inhabitants of this colony, in- 
ferted in the I Vth article for thofe of Canada : and the 
partition of the iflands, called Neutral, is agreed and 
fixed, fo that thofe of St. Vincent, Dominica, and To- 
bago, fhall remain in full right to Great Britain, and 
that of St. Lucia fhall be delivered to France, to en- 
joy the fame likewife in full right j and the high con- 
tracting parties guaranty the partition fo ftipulated. 

X. His Britannic Majefty lhall reflore to France the 
ifland of Goree, in the condition it was in when con- 
quered : and his moft Chriftian Majefty cedes, in full 
right, and guaranties to the King of Great Britain, the 
river Senegal, with the forts and factories of St. Lewis, 
Podor, and Galam ; and with all the rights and depen- 
dencies of the faid river Senegal. 

XL In the Eaft Indies, Great Britain fhall reftoro 
to France, in the condition they are now in, the dif- 
ferent factories, which that crown poflefled, as well on 
the coaft of Coromandel and Orixa, as on that of Ma- 
labar, as alfo in Bengal, at the beginning of the year 
1749. And his moft Chriftian Majefty renounces all 
pretenfion to the acquifitions which he had made on 
the coaft of Coromandel and Orixa, fmce the faid be- 
ginning of the year 1749. His moft Chriftian Ma- 
jefty fhall reftore, on his fide, all that he may have 
conquered from Great Britain, in the Eaft Indies, dur- 
ing the prefent war j and will exprefly caufe Nattal and 
Tapanoully, in the ifland of Sumatra, to be reftored ; 
he engages further, not to erect fortifications, or to 

keep 



47$ TREATIES- [1159 

keep troops in any part of the dominions of the fubah 
of Bengal. And in order to preferve future peace on 
the coaft of Coromandel and Orixa, the Englilh and 
French fhall acknowledge Mahomet Ally Khan for 
lawful nabob of the Carnatic, and Salabat Jing for 
lawful fubah of the Decan ; and both parties (hall re- 
nounce all demands and pretenfions of fatisfac"lion, 
with which they might charge each other, or their In- 
dian allies, for the depredations or pillage committed, 
on die one fide or on the other, during the war. 

XII. The ifland of Minorca fliall be reftored to his 
Britannic Majefty, as well as Fort St. Philip, in the 
fame condition they were in when conquered by the 
arms of the moft Chriftian King ; and with the artil- 
lery which was there when the faid ifland and the 
laid fort were taken. 

XIII. The town and port of Dunkirk fhall be put 
into the ftate fixed by the laft treaty of Aix-la-Cha- 
pelle, and by former treaties. The Cunecte fhall be 
deftroyed immediately after the exchange of the rati- 
fications of the prefent treaty, as well as the forts and 
batteries which defend the entrance on the fide of the 
fea i and provifion fhall be made, at the fame time, 
for the wholefbmenefs of the air, and for the health of 
the inhabitants, by fome other means, to the fatisfac- 
tion of the King of Great Britain. 

XIV. France fliall reftore all the countries belong- 
ing to the electorate of Hanover, to the Landgrave of 
HefTe, to the Duke of Brunfwic, and to the Count 
of La Lippe Buckebourg, which are or fliall be occu- 
pied by his moft Chriftian Majefty's arms : the for- 
tifies of thefe different countries fliall be reftored in 
the fame condition they were in when conquered by 
the French arms ; and the pieces of artillery, which 
ihall have been carried elfewhere, fhall be- replaced by 
die fame number, of the fame bore, \veighr, and 
metal. 

xv. i n 



1787.] WITH FRA'NCE. 477. 

XV. In cafe the (lipulations, contained in the XHIth 
article of the preliminaries, fhould not be compleated 
at the time of the fignature of the prefent treaty, as 
well with regard to the evacuations to be made by the 
armies of France of the fortrefles of Cleves, Wefel, 
Guelders, and of all the countries belonging to the 
King of Prufiia, as with regard to the evacuations to 
be made by the Britifh and French armies of the coun- 
tries which they occupy in Weftphalia, Lower Saxony, 
on the Lower Rhine, the Upper Rhine, and in all the 
empire, and to the retreat of the troops into the do- 
minions of their refpe&ive fovereigns ; their Britannic 
and moft Chriftian Majefties promife to proceed, bond 
fde, with all the difpatch the cafe will permit of, to the 
faid evacuations, the entire completion whereof they 
flipulate before the i5th of March next, or fooner if it 
can be done ; and their Britannic and moft Chriftian 
Majefties further engage, and promife to each other, 
not to furnilh any fuccours, of any kind, to their re- 
fpeftive allies, who fhall continue engaged in me war 
in Germany. 

XVI. The decifion of the prizes made, in time of 
peace, by the fubjects of Great Britain, on the Spa- 
niards, {hall be referred to the courts of jufHce of the 
admiralty of Great Britain, conformably to the rules 
eftabliihed among all nations, fo that the validity of 
the faid prizes, between the Britifh 'and Spanifh na- 
tions, fhall be decided and judged, according to the 
law of nations, and according to treaties, in the courts 
of juftice of the nation who fhali have made -the 
capture. 

XVII. His Britannic Majefty {hall caufe to be demo- 
liflied all the fortifications which his fubjeclis fhall have 
ereded in the Bay of Honduras, and other places of 
the territory of Spain in that part of the world, four 
months after the ratification of the prefent treaty: 
and his Catholic Majefty {hall not permit his Britannic 
Majefty's fubjefts, or their workmen, to be difturbed 

or 



47 S TREATIES 

or molefted, under any pretence whatfover, in the faid 
places, in their occupation of cutting, loading, and car- 
rying away logwood : and. for this purpofe, they may 
build without hinderance, and occupy without interrup- 
tion, the houfes and magazines which are neceflary for 
them, for their families, and for their effects : and his 
Catholic Majefty allures to them, by this article, the 
full enjoyment of thofe advantages, and powers, on the 
Spanifh coafts and territories, as above ftipulated, im- 
mediately after the ratification of the prefent treaty. 

XVIII. His Catholic Majefry defifts, as well for 
himfelf, as for his fucceflbrs, from all pretenfion, which 
he may have formed, in favour of the Guipufcoans, 
and other his fubjects, to the right of filhing in the 
neighbourhood of the ifland of Newfoundland. 

XIX. The King of Great Britain fliall reftore to 
Spain all the territory which he has conquered in the 
ifland of Cuba, with the fortrefs of the Havana, and 
this fortrefs, as well as all the other fortrefies of the 
laid ifland, fhall be reftored in the fame condition they 
were in when conquered .by his Britannic Majefty's 
arms ; provided, that his Britannic Majefty's fubjefts, 
who (hall have fettled in the faid ifland, reftored to 
Spain by the prefent treaty, or thofe who fhall have 
any commercial affairs to fettle there, fhall have liberty 
to fell their lands, and their eftates, to fettle their af- 
fairs, to recover their debts, and to bring away their 
effects, as well as their perfons, on board veflels which 
they fhall be permitted to fend to the faid ifland re- 
ftored as above, and which fhall ferve for that ufe only, 
without being reftrained on account of their religion, or 
under any other pretence whatfoever, except that of debts, 
or of criminal profecutions : and for this purpofe, the 
term of eighteen months is allowed to his Britannic 
Majefty's fubjefts, to be computed from the day of the 
exchange of the ratifications of the prefent treaty : but 
as the liberty, granted to his Britannic Majefty's fub- 
jects, to bring away their perfyns, and their effects, in 

vcffck 



1787.] WITH FRANCE. 472 

veffels of their nation, may be liable to abufes, if pre- 
cautions were not taken to prevent them j it has been 
exprefly agreed, between his Britannic Majefty and his 
Catholic Majefty, that the number of Englifh veffels, 
which fhall have leave to go to the faid ifland reftored 
to Spain, fhall be limited, as well as the number of 
tons of each one; that they fhall go in ballaft; fhall 
fet fail at a fixed time ; and fhall make one voyage 
only j all the effects belonging to the Englifh being to 
be embarked at the lame time : it has been further 
agreed, that his Catholic Majefty fhall caufe the necef- 
fary paffports to be given to the faid veffels ; that, for 
the greater fecurity, it lhall be allowed to place two 
Spanifh clerks, or guards, in each of the faid veffels, 
which fhall be vifited in the landing-places and ports 
of the faid ifland reftored to Spain, and that the mer- 
chandize, which fhall be found therein, fhall be con- 
fifcated. 

XX. In confequence of the reftitution ftipulated in 
the preceding article, his Catholic Majefty cedes and 
guaranties, in full right, to his Britannic Majefty, Flo- 
rida, with Fort St. Auguftin, and the Bay of Penfacola, 
as well as all that Spain poffeffes on the continent of 
North America, to the eaft, or to the fouth-eaft, of the 
river Miffiffipi ; and, in general, every thing that de- 
pends on the faid countries, and lands, with the fove- 
reignty, property, poffeffion, and all rights, acquired by 
treaties or otherwife, which the Catholic King, and the 
crown of Spain, have had, till now, over the faid 
countries, lands, places, and their inhabitants i fo that 
the Catholic King cedes and makes over the whole to 
the faid King, and to the crown of Great Britain, and 
that in the moft ample manner and form. His Bri- 
tanic Majefty agrees, on his fide, to grant to the in- 
habitants of the countries, above ceded, the liberty of 
the Catholic religion : he will confequently give the 
moft exprefs and the moft effectual orders, that his new 
Roman Catholic fubjects may profefs the worfhip of 
their religion, according to the rites of the Romifh, 

church, 



480 T R E A TIES [1259 

church, as far as the laws of Great Britain permit : 
his Britannic Majefty further agrees, that the Spanifh 
inhabitants, or others, who had been fubjecls of the 
Catholic King in the faid countries, may retire, with 
all fafety and freedom, wherever they think proper ; 
and may fell their eftates, provided it be to his Britan- 
nic Majefty's fubjects, and bring away their effects, as 
well as their perfons, without being reftrained in their 
emigratioh, under any pretence whatfoever, except that 
of debts, or of criminal profecutions : the term limited 
for this emigration being fixed to the fpace of eighteen 
months, to be computed from the day of the exchange 
of the ratifications of the prefent treaty. It is more- 
over ftipulated, that his Catholic Majefty fhall have 
power to caule all the effects, that may belong to 
him, to be brought away, whether it be artillery or 
other things. 

XXI. The French and Spanifh troops ftiall eva- 
cuate all the territories, lands, towns, places, and caf- 
tles, of his moft Faithful Majefty, in Europe, without 
any referve, which fhall have been conquered by the 
armies of France and Spain, and fhall reftore them in 
the fame condition they were in when conquered, with 
the fame artillery and ammunition which were found 
there : and, with regard to the Portuguele colonies in 
America, Africa, or in the Eaft Indies, if any change 
ihall have happened there, all things Ihall be reftorcd 
on the fame footing they were in, and conformably to 
the preceding treaties . which fubfiftcd between the 
courts of Fiance, Spain, and Portugal, before the 
prefent war. 

XXII. All the papers, letters, documents, and ar- 
chives, which were found in the countries, territories, 
towns, and places, that are reftored, and thofe belong- 
ing to the countries ceded, fhall be refpeflively and 
bond fide delivered, or furnifhed, at the fame time, if 
poflible, that poffeffion is taken, or, at lateft, four 
months after the exchange of the ratifications of the 

prefent 



1787.] WITH FRANCE. 4 8i 

prefent treaty, in whatever places the faid papers' or 
documents may be found. 

XXIII. All the countries and territories, which may 
have been conquered, in whatfoever part of the world, 
by the arms of their Britannic and moft Faithful 
Majefties, as well as by thofe of their moft' Chriftian 
and Catholic Majefties, which are not included in the 
prefent treaty, either under the title of Ceffions, or un- 
der the title of Reftitutions, fhall be reftored without 
difficulty, and without requiring any compenfation. 

XXIV. As it is necefTary to afiign a fixed epoch 
for the reftitutions, and the evacuations, to be made by 
each of the high contracting parties ; it is agreed, that 
the Britifh and French troops fhall compleat, before 
the 1 5th of March next, all that fhall remain to be ex- 
ecuted of the Xllth and Xlllth articles of the preli- 
minaries, figned the ^d day of November laft, with 
regard to the evacuation to be made in the empire, or 
elfewhere. The ifland of Belleifle fhall be evacuated 
fix weeks after the exchange of the ratifications of the 
prefent treaty, or fooner if it can be done ; Guade- 
loupe, Defirade, Marie Galante, Martinico, and St. 
Lucia, three months after the exchange of the ratifi- 
cations of the prefent treaty, or fooner if it can be 
done. Great Britain fhall likewife, at the end of three 
months after the exchange of the ratifications of the 
prefent treaty, or fooner if it can be done, enter into 
pofTefiion of the river and port of the Mobile, and of 
all that is to form the limits of the territory of Great 
Britain, on the fide of the river MifTiffippi, as they are 
fpecified in the Vllth article. The ifland of Goree 
fliall be evacuated by Great Britain, three months af- 
ter the exchange of the ratifications of the prefent 
treaty ; and the ifland of Minorca, by France, at the 
fame epoch, or fooner if it can be done : and accord- 
ing to the conditions of the Vlth article, France fhall 
likewife enter into pofTeffion of the iflands of St. P&- 
ter, and of Miquelon, at the end of three months af 

VOL. I. I i tcr 



4 3a TREATIES {1259 

tcr the exchange of the ratifications of the prefent 
treaty. The factories in the Eaft Indies fhall be re- 
ftored fix months after the exchange of the ratifications 
of the prefent treaty, or fooner if it can be done. The 
fortrefs of the Havana, with all that has been con- 
quered in the ifland of Cuba, fhall be reftored three 
months after die exchange of the ratifications of the 
prefent treaty, or fooner if it can be done : and, at the 
fame time, Great Britain (hall enter into pofleffion of 
the country ceded by Spain, according to the XXth 
article. All the places and countries of his moft 
Faithful Majefty, in Europe, (hall be reftored imme- 
diately after the exchange of the ratifications of the 
prefent treaty ; and the Portuguefe colonies, which may 
have been conquered, fhall be reftored in the fpace of 
three months in the Weft Indies, and of fix months 
in the Eaft Indies, after the exchange of the ratifica- 
tions of the prefent treaty, or fooner if it can be done. 
All the fbrtreffes, the reftitution whereof is ftipulated 
above, fhall be reftored with the artillery and ammu- 
nition which were found there at the time of the 
ccnqueft. In confequence whereof, the neceflary or- 
ders fhall be fent by each of the high contracting par- 
ties, with reciprocal pafiports for the fliips that Ihall 
carry them, immediately after the exchange of the ra- 
tifications of the prefent treaty. 

XXV. His Britannic Majefty, as Elector of Brunf- 
v/ick Lunenburg, as well for himfelf, as for his heirs 
and fucceflbrs, and all the dominions and pofTeflions ol 
his faid Majefty in Germany, are included and guaran- 
tied by the prefent treaty of peace. 

XXVI. Their Sacred Britannic, moft Chriftian, 
Catholic, and moft Faithful Majefties, promife to 
obferve, flncerely and bond fide y all the articles con- 
tained and fettled in the prelcnt treaty i and they will 
not fuffer the fame to be infringed, directly or indi- 
rectly, by their refpective f ubjects j and the faid high 
contracting parties, generally and reciprocally, gua- 
ranty 



1787-] WITH FRANCE. 483 

ranty to each other all the ftipulations of the prefent 
treaty. 

XXVII. The folemn ratifications' of the prefent treaty, 
expedited in good and due form, fhall be exchanged in 
this city of Paris, between the high contracting par- 
ties, in the fpace of a month, or fooner if poffible, to 
be computed from the day of the fignature of the pre- 
fent treaty. 

In witnefs whereof, we the underwritten, their Am- 
bafladors Extraordinary, and Minifters Plenipo- 
tentiary, have figned with our hand, in their name, 
and in virtue of our full powers, the prefent defi- 
nitive treaty, and have caufed the feal of our 
arms to be put thereto. 

Done at Paris, the loth of February, 1763. 

Bedford, C.P.S. Cboifeul, Due El Marcf fa 
(L. S.) de Praftin. Grimaldi. 

(L. S.) (L. S.) 

Separate Articles. 

I. SOME of the tides made ufe of by the con- 
tracting Powers, either in the full powers, and other 
acts, during the courfe of the negotiation, 'or in the 
preamble of the prefent treaty, not being generally 
acknowledged ; it has been agreed, that no prejudice 
fliall ever refult therefrom to any of the faid con- 
tracting parties, and that the titles, taken or omitted, 
on either fide, on occafion of the faid negotiation, 
and of the prefent treaty, fhall not be cited, or quoted 
as a precedent. 

II. It has been agreed and determined, that the 
French language, made ufe of in all the copies of the 
prefent treaty, fhall not become an example, which 
may be alledged or made a precedent of, or pre- 
judice, in any manner, any of the contracting Powers ; 
and that they fhall conform them/elves, for the fu- 
ture, to what has been obferved, and ought to be 

I 12 . obferved, 



TREATIES [12^9 

obferved, with regard to and on the part of Powers, 
who are ufed, and have a right, to give and to receive 
copies of like treaties in another language than French ; 
the prefent treaty having ftill the fame force and 
effect as if the aforefaid cuftom had been therein ob- 
ferved. 

III. Though the King of Portugal has not figned 
the prefent definitive treaty, their Britannic, moft 
Chriftian, and Catholic Majefties, acknowledge, ne- 
verthelefs, that his moft Faithful Majefty is formally 
included therein as a contracting party, and as if he 
had exprefsly figned the faid treaty : confequently, 
their Britannic, moft Chriftian, and Catholic Majef- 
ties, refpectively and conjointly, promife to his moft 
Faithful Majefty, in the moft exprefs and moft bind- 
ing manner, the execution of all and every the claufes 
contained in the faid treaty, on his act of acceffion. 

The prefent feparate articles fhall have the fame 
force as if they were inferted in the treaty. 

In witnefs whereof, we the under-written Ambafia- 
dors Extraordinary and Minifters Plenipotentiary 
of their Britannic, moft Chriftian, and Catholic 
Majefties, have figned the prefent feparate arti- 
cles, and [jave caufcd the feal of our arms to be 
put thereto. 

Done at Paris, the loth of February, 1763. 

Bedford, C. P. S. Cboifeul y Due El Marcf de 
(L. S.) de Prajlin. Grimaldi. 

(L.S.) (L.S.) 

Pits Britannic Majejlfs Full Power. 

GEORGE R. 

GEORGE the Third, by the grace of God, King 
of Great Britain, France, and Ireland, Defender of 
the Faith, Duke of Brunlwic and Lunenburg, Arch- 
treafurer and Prince Elector of the Holy Roman 
Empire, &c. - t to all and fingular to whom thefe pre- 

icnts 



1787.1 WITH FRANCE. 485 

fents fhall come, greeting. Whereas, in order to 
perfect the peaee between us and our good brother 
the mod Faithful King, on the one part, and our good 
brothers the moft Chriftian and Catholic Kings, on 
the other, which has been happily begun by the pre- 
.liminary articles already figned at Fontainebleau the 
3d of this month, and to bring the fame to the de- 
fired end, we have thought proper to inveft fome fit 
perfon with full authority, on our part; Know ye, 
that we, having moft entire confidence in the fidelity, 
judgment, (kill, and ability, in managing affairs of 
the greateft confequencc, of our right trufly and right 
entirely beloved coufm and counfellor, John Duke 
and Earl of Bedford, Marquis of Taviftock, Baron 
Ruflel of Cheneys, Baron Ruffel of Thornhaugh, and 
Baron Howland of Streatham, Lieutenant General of 
our forces, Keeper of our Privy Seal, Lieutenant and 
Cuftos Rotulorum of the counties of Bedford and 
Devon, Knight of our moft noble Order of the Gar- 
ter, and our AmbaiTador Extraordinary and Plenipo- 
tentiary to our good brother the moft Chriftian King, 
have nominated, made, conftituted, and appointed, as 
by thefe prefents we do nominate, make, conftitute, 
and appoint him pur true, certain, and undoubted 
Minifter, CommirTary, Deputy, Procurator, and Ple- 
nipotentiary, giving to him all and all manner of pow- 
er, faculty, and authority, as well as our general and 
Ipecial command (yet fo as that the general do not 
derogate from the fpecial, or on the contrary) for us 
and in our name to meet and confer, as well fmgly 
and feparately, as jointly and in a body, with the Am- 
bafTadors, Commiflaries, Deputies, and Plenipoten- 
tiaries of the Princes whom it may concern, veiled 
with fufficient power and authority for that purpofe, 
and with them to agree upon, treat, confult, and con- 
clude concerning the re-eftablifhing, as foon as may 
be, a firm and lading peace, and fincere friendlhip 
and concord; and whatever fhall be fo agreed and 
concluded, for us and in our name to fign, and to 
I i 3 make 



4 S6 TREATIES [1259 

make a treaty or treaties on what fhall have been fo 
agreed and concluded, and to tranfact every thing elfe 
that may belong to the happy completion of the afore- 
faid work, in as ample a manner and form, and with 
the fame force and effect, as we ourfelves, if we were 
prefent, could do and perform j engaging and promi- 
fmg, on our Royal word, that we will approve, ratify, 
and accept, in the beft manner, whatever fhall hap- 
pen to be tranfacted and concluded by our faid Pleni- 
potentiary, and that we will never fuffer any pcrfon 
to infringe or aft contrary to the fame, either in the 
whole or in part. In witnefs and confirmation where- 
of, we have caufed our great feal of Great Britain to 
be affixed to thefe prefents, figned with our Royal 
hand. Given at our palace at St. James's, the 1 2th 
day of November, 1762, in the third year of our 
reign. 

His moft Cbriftian Majeftfs Full Power. 

LEWIS, by the grace of God, King of France 
and Navarre, to all who fhall fee thefe prefents, greet- 
ing. Whereas the preliminaries, figned at Fontaine - 
bleau the jd of November of the laft year, laid the 
foundation of the peace re-eftablifhed between us and 
our moft dear and moft beloved good brother and 
coufin the King of Spain, on the one part, and our 
moft dear and moft beloved good brother the King of 
Great Britain, and our moft dear and moft beloved 
good brother and eoufin the King of Portugal, on the 
other, we haye had nothing more at heart, fmce that 
happy epoch, than to consolidate and ftrengthen, in 
the moft lading manner, fo falutary and fo important 
a work, by a folemn and definitive treaty between us 
and the faid Powers. For thefe cauies, and other 
good confiderations us thereunto moving, we trufting 
entirely in the capacity and experience, zeal and fide- 
lity for our fen ice, of our moft dear and well-beloved 
coufin, Caefar Gabriel de Choifeul, Duke of Praflin, 
Peer of France, Knight of our Orders, Lieutenant 

General 



1787.] WITH FRANCE. 487 

General of our forces, and of the province of Britany, 
Coimfellor in all our Councils, Minifter and Secretary 
of State, and of our Commands and Finances, we 
have named, appointed, and deputed him, and by 
thefe prefents, figned with our hand, do name, ap- 
point, and depute him, our Minifter Plenipotentiary, 
giving him full and abfolute power to act in that qua^ 
lity, and to confer, negotiate, treat, and agree, jointly 
with the Minifter Plenipotentiary of our moil dear and 
moft beloved good brother the King of Great Britain, 
the Minifter Plenipotentiary of our moft dear and 
moft beloved good brother and coufm the King of 
Spain, and the Minifter Plenipotentiary of our moft 
dear and moft beloved good brother and coufm the 
King of Portugal, vefted with full powers, in good 
form, to agree, conclude, and fign, fuch articles, con- 
ditions, conventions, declarations, definitive treaty, 
acceflions, and other acts whatfoever, that he fhall 
judge proper for fecuring and ftrengthening the great 
work of peace, the whole with the fame latitude and 
authority that we ourfelves might do, if we were there 
in perfon, even though there fhould be fomething 
which might require a more fpecial order than what 
is contained in thefe prefents ; promifmg, on the faith 
and word of a King, to approve, keep firm and ftable 
for ever, to fulfil and execute punctually, all that our 
faid coufin, the Duke of Prailin, ihall have ftipula- 
ted, promifed, and figned, in virtue of the prefent full 
power, without ever acting contrary thereto, or per- 
mitting any thing contrary thereto, for any caufe, or 
under any pretence whatfoever ; as allb to caufe our 
letters of ratification to be expedited in good form, 
and to caufe them to be delivered, in order to be ex- 
changed within the time that Ihall be agreed upon. 
For fuch is our pleafure. In witnefs whereof], we have 
caufed our feal to be put to thefe prefents. Given at 
Verfailles, the 7th day of the month of February, in 
the year of grace 1763, and of our reign the forty-eighth. 
Signed LEWIS 5 and on the fold, By the K;ng ? The 
I i 4 Duke 



*88 TREATIES [1259 

Duke of Cboifeul. Sealed with the great feal of yel- 
low wax. 

His Catholic Majeftfs Full Power. 

DON CARLOS, by the grace of God, King 
of Caftille, of Leon, of Arragon, of the Two Sici- 
lies, of Jerufalem, of Navarre, of Granada, of Tole- 
do, of Valencia, of Galicia, of Majorca, of Seville, 
of Sardinia, of Cordova, of Corfica, of Murcia, of 
Jaen, of the Algarves, of Algecira, of Gibraltar, of the 
Canary Illands, of the Eaft and Weft Indies, iflands 
and continent, of the Ocean ; Archduke of Auftria ; 
Duke of Burgundy, of Brabant, and Milan j Count of 
Hapfburg, of Flanders, of Tirol and Barcelona ; Lord 
of Bifcay, and of Molino, &c. Whereas prelimina- 
lies of a folid and lading peace, between this crown 
and that of France on the one part, and that of Eng- 
land and Portugal on the other, were concluded and 
figned in the Royal refidence of Fontainebleau, the 
3d of November of the prefent year, and the relpec- 
tive ratifications thereof exchanged on the 22d of the 
fame month, by Minifters authorized for that pur- 
pofe, wherein it is promifed, that a definitive treaty 
fhould be forthwith entered upon, having eftablifhed 
and regulated the chief points upon which it is to 
turn : and whereas in the fame manner as I granted to 
you, Don Jerome Grimaldi, Marquis de Grimaldi, 
Knight of the Order of the Holy Ghoft, Gentleman of 
my Bed-chamber with employment, and my Ambaf- 
fador Extraordinary to the moil Chriftian King, my 
full power to treat, adjuft, and fign the before-men- 
tioned preliminaries, it is neceflary to grant the fame 
to you, pr to fome other, to treat, adjuft, and fign 
the promifed definitive treaty of peace as aforefaid : 
therefore, as you the faid Don Jerome Grimaldi, 
Marquis de Grimaldi, are at the convenient place, and 
as I have every day frefh motives, from your ap- 
proved fidelity and zeal, capacity and prudence, to 
cntruft to you this aijd other like concerns of my 

crown. 



1787.] WITH FRANCE. 

crown, I have appointed you my Miniller Plenipo- 
tentiary, and granted to you my full power, to the 
end that, in my name, and reprefenting my perfon, 
you may treat, regulate, fettle, and fign the faid defini- 
tive treaty of peace, between my crown and that of 
France on the one part, that of England and that of 
Portugal oh the other, with the Minifters who fhall 
be equally and fpecially authorized by their refpective 
Sovereigns for the fame purpofe j acknowledging, as I 
do from this time acknowledge, as accepted and rati- 
fied, whatever you fhall fo treat, conclude, and fign ; 
promifmg, on my Royal word, that I will obferve and 
fulfil the fame, will caufe it to be obferved and ful- 
filled, as if it had been treated, concluded, and figned 
by myfelf. In witnefs whereof, I have caufed thefe 
prefents to be difpatched, figned by my hand, fealcd 
with my privy feal, and counterfigned by my under- 
written Counfellor of State, and Firft Secretary for 
the department of State and of War. Buen Retiro, 
the tenth of December, 1762. 

(Signed) / the KING. 

(And lower) .. Richard Wall. 

Declaration of his moft Chriftian Majejlfs Plenipo- 
tentiary, with regard to the Debts due to the Cana- 
dians. 

THE King of Great Britain having defired, that 
the payment of the letters of exchange and bills, which 
had been delivered to the Canadians for the neceflaries 
furnifhed to the French troops, fhould be fecured, his 
moft Chriftian Majefty, entirely difpofed to render to 
every one that juftice which is legally due to them, 
has declared, and does declare, that the faid bills, and 
letters of exchange, fhall be punftually paid, agree- 
ably to a liquidation made in a convenient time, ac- 
cording to the diftance of the places, and to what 
fhall be poflible, taking care, however, that the bills 
and letters of exchange, which the French fubjefts 

may 



49 o TREATIES [1259 

may have at the rime of this declaration, be not con- 
founded with the bills and letters of exchange which 
are in the pofiefilon of the new fubje&s of the King 
of Great Britain. 

Jn witnefs whereof, we the under- written Minifter 
of his moft Chriftian Majefty, duly authorized 
for this purpofe, have figned the prefent declara- 
tion, and caufed the feal of our arms to be put 
thereto. 
Done at Paris, the loth of February, 1763. 

CboiffHl, Due de Prajlin. (L. S.) 

Declaration of bis Britannic Majefty' s Ambajjador 
Extraordinary and Plenipotentiary, voitb regard to 
the Limits of Bengal, in the Eaft Indies. 

WE the under- written Ambaflador Extraordinary 
and Plenipotentiary of the King of Great Britain, in 
order to "prevent all fubjeft of difpute on account of 
the limits of the dominions of the Subah of Bengal, 
as well as of the coaft of Coromandel and Orixa, de- 
clare, in the name and by order of his faid Britannic 
Majefty, that the faid dominions of the Subah of Ben- 
gal fhall be reputed not to extend farther than Ya- 
juon exclufively, and that Yanaon fhall be confidered 
as included in the north part of the coaft of Coro- 
mandel or Orixa. 

Jn witnefs whereof we the under-written Minifter 
Plenipotentiary of his Majefty the King of Great 
Britain, have figned the prefent declaration, 
and have caufed the feal of our arms to be put 
thereto. 

Dene at Paris, the loth of February, 1763. 

Bedford,C.P.S. (L. S.) 

AcceJJim of bis moft Faithful Majefty. 
In the Name of the moft Holy and Undivided Tri- 
nity, Father, Son, and Holy Ghoft. So be it. 
B E it known to all thofe to whom it fhall or may 
belong; the Ambafladors and Plenipotentiaries of his 

Britannic 



1787.] WITH FJR.ANCE. 491 

Britannic Majefty, of his moft Chriftian Majefty, and 
of his Catholic Majefty, having concluded and figned 
at Paris, the loth of February of this year, a defi- 
nitive treaty of peace, and feparate articles, th& tenor 
of which is as follows. 

[ Fiat Infertio. ] 

And the faid AmbafTadors and Plenipotentiaries 
having, in a friendly manner, invited the AmbaiTador 
and Minifter Plenipotentiary of his moft Faithful Ma- 
jefty to accede thereto, in the name of his faid Ma 
jefty; the under-written Minifters Plenipotentiary, 
viz. on the part of the moft 'Serene and moft Potent 
Prince George the Third, by the grace of God, King 
of Great Britain, France, and Ireland, Duke of 
Brunfwic and Lunenburg, Arch-treafurer and Elec- 
tor of the Holy Roman Empire, the moft Illuf- 
trious and moft Excellent Lord, John Duke and Earl' 
of Bedford, Marquis of Taviftock, &c. Minifter of 
State of the King of Great Britain, Lieutenant Gene- 
ral of his forces, Keeper of his Privy Seal, Knight of 
the moft Noble Order of the Garter, and his AmbafTa- 
dor Extraordinary and Plenipotentiary to his moft 
Chriftian Majefty ; and on the part of the moft Se- 
rene and moft Potent Prince Don Jofeph the Firft, by 
the grace of ,God, King of Portugal and of the Al- 
garves, the moft Illuftrious and moft Excellent Lord, 
Martin de Mello and Caftro, Knight profeffed of the 
Order of Chrift, of his moft Faithful Majefty's Coun- 
cil, and his AmbafTador and Minifter Plenipotentiary 
to his moft Chriftian Majefty, in virtue of their full 
powers, which they have communicated to each other, 
aqd of which copies fhall be added at the end of the 
prefent ad, have agreed upon what follows, viz. His 
moft Faithful Majefty defiring moft fmcerely to con- 
cur in the fpeedy re-eftabliftiment of peace, accedes, 
in virtue of the prefent aft, to the faid definitive treaty 
and feparate articles, as they are above tranfcribed, 
without any referve or exception, in the firm confi- 
dence 



49 2 TREATIES [1259 

dence that every thing that is promifed to his faid 
Majefty, will be bend fide fulfilled; declaring at the 
fame time, and promifing to fulfil, with equal fidelity, 
nil the articles, claufss, and conditions, which con- 
cern him. On his fide, his Britannic Majefty accepts 
the prefent acceflion of his moft Faithful Majefty, and 
promifes likewife to fulfil, without any referve or ex- 
ception, all the articles, claufes, and conditions, con- 
tained in the faid definitive treaty and feparate arti- 
cles above inferted. The ratifications of the prefent 
treaty lhall be exchanged in the fpace of one month, 
to be computed from this day, or fooner if it can be 
done. 

In witnefs whereof, we, Ambafifadors and Minifters 
Plenipotentiary of his Britannic Majefty, and 
of his moft Faithful Majefty, have figned the 
prefent aft, and have caufed the feal of our arms 
to be put thereto. 

Done at Paris, the loth of February, 1763. 

Biford> C. P. S. (L. S.) De Mellc et Cajlro. (L. S.) 

His moft Faithful Majefty' s Full Power. 

DON JOSEPH, by the grace of God, King of 
Portugal, and of the Algarves, on this fide the fea, 
and on that fide in Africa, Lord of Guinea, and of the 
conqueft, navigation, commerce of Ethiopia, Ara- 
bia, Perfia, and India, &c. I make known to thofe 
who (hall fee thefe my letters patent, that, defining 
nothing more than to fee the flame of war, which has 
raged fo many years in all Europe, extinguifhed, and 
to co-operate (as far as depends upon me) towards 
its being fucceeded by a juft peace, eftablifhed upon 
folid principles : and being informed, that great part 
,of the belligerent Powers entertain the fame pacific 
clifpolkions, I am to nominate a perfon, to a,ifift, in 
my name, at the afTemblies and conferences to be held 
upon this important bufinef^ who, by his nobility, 

prudence^ 



1787*] WITH FRANCE. .493 

prudence, and dexterity, is worthy of my confidence : 
whereas thefe feveral qualities concur in Martin de 
Mello de Caftro, of my Council,, and my Envoy Ex- 
traordinary and Plenipotentiary to the court of Lon- 
don j and as from the experience I have, that he has 
always ferved me to my fatisfaftion, in every thing 
I have charged liim with, relying, that I (hall, from 
henceforward, have frefh caufe for the confidence I 
have placed in him, I nominate and constitute him 
my Ambafifador and Plenipotentiary, in order that he 
may, as fuch, affift, in my name, at any congrefles, 
aflemblies, or conferences, as well public as private, 
in which the bufmefs of pacification may be treated ; 
negotiating and agreeing with the AmbaiTadors and 
Plenipotentiaries of the faid belligerent Powers, what- 
ever may relate to the faid peace ; and concluding 
what he fhall negotiate between me and any bellige- 
rent Kings and Princes, under the conditions he fhafl 
ftipulate in my Royal name : therefore, for the above 
purpofes, I grant him all the full powers and autho- 
rity, general and fpecial, which may be neceffary ; 
and I promife, upon the faith and word of a King, 
that I will acknowledge to be firm and valid, and 
will ratify within the time agreed upon, whatever lhall 
be contrafted and ftipulated by my faid Ambaffador 
and Plenipotentiary, with the aforefaid Ambaffadors 
and Minifters of the belligerent Kings and Princes, 
who fhall be furnifhed by them with equal powers. 
In witnefs whereof, I have ordered thefe prefents to 
be made out, figned by myfelf, fealed with the feal 
of my arms thereunto affixed, and counlerfigned by 
my Secretary and Minifter of State for foreign Affairs 
, and War. Given at the palace of our Lady of Ajuda, 
die eighteenth day of September, of the year from 
the birth of our Lord Jefus Chrift 1762. 

Locus The KING. 

Sigiili Den Lewis da Cunba. 

pendentis, 

Letters 



494 TREATIES 

Letters patent whereby your Majefty is pleafed to 
nominate Martin de Mello de Caftro to be your Am- 
baflador and Plenipotenriary for the negotiation and 
conclufion of peace, in the form above fct forth. 

For your Majefty's inflection. 

Declaration of bis moft Faithful Majefty's dinbaffador 
and Minijler Plenipotentiary, with regard to Alter- 
nating with Great Britain and France. 

WHEREAS, on the conclufion of the negotia- 
tion of the definitive treaty, figned at Paris this lotli 
day of February, a difficulty arofe as to the order of 
figning, which might have retarded the conclufion of 
the faid treaty, we the under- written, Ambafiador and 
Minifler Plenipotentiary of his moft Faithful Majef- 
ty, declare, that the alternative obferved, on the part 
of the King of Great Britain, and die moft Chriitian 
King, with the moft Faithful King, in the act of ac- 
ceflion of the court of Portugal, was granted, by their 
Britannic and moft Chriftian Majefties, folely with a 
view to accelerate the conclufion of the definitive 
treaty, and by that means the more fpcedily to con- 
folidate fo important and fo falurary a work ; and that 
this complaifance of their Britannic and moft Chrif- 
tian Majefties fhall not be made any precedent of for 
the future ; the court of Portugal Ihall not allcdge it 
as an example in their favour ; lhall derive therefrom 
no right, title, or pretenfion, for any caufe, or under 
any pretence whatfoever. 

In witnefs whereof, we, Ambaflador and Minifter 
Plenipotentiary of his moft Faithful Majefty, duly 
authorized for this purpofe, have figned the pre- 
fent declaration, and have caufed the feal of our 
arms to be put thereto. 

Done at Paris, the loth of February, 1763. 

Martin de Mello et Cajtro. (L. S.) 



[The 



1787.] WITH FRANCE, 495 

[The treaty of VERSAILLES, 1783, is printed from the 
copy which was publifhed by authority, in 1783.] 

^be Definitive 'Treaty of Peace and Friend/hip, between 
his Britannic Majefty, and the moft Chriftian King-, 
figned at Verfailles, the ^d of September, 1783. 

In the name of the moft Holy and Undivided Trinity, 
Father, Son, and Holy Ghoft. So be it. 

B E it known to all thofe whom it fhall or may 
in any manner concern. The moft Serene and moft 
Potent Prince, George the Third, by the grace of 
God, King of Great Britain, France, and Ireland, 
Duke of Brunfwic and Lunenburg, Arch-tredurer 
and Elector of the Holy Roman Empire, &c. and the 
moft Serene and moft Potent Prince, Lewis the Six- 
teenth, by the grace of God, moft Chriftian King, 
being equally defirous to put an end to the war which 
for feveral years paft afflicted their refpective dominions, 
accepted the offer which their Majefties the Emperor 
of the Romans, and the Emprefs of all the Ruffias, 
made to them of their interpofition, and of their medi- 
ation : but their Britannic and moft Chriftian Majef- 
ties, animated with a mutual defire of accelerating the 
re-eftablilhment of peace, communicated to each other 
their laudable intention; which Heaven fo far blefled, 
that they proceeded to lay the foundations of peace, by 
figning preliminary articles at Verfailles, the 2oth of 
January, in the prefent year. Their faid Majefties the 
King of Great Britain, and the moft Chriftian King, 
thinking it incumbent upon them to give their Impe- 
rial Majefties a fignal proof of their gratitude for the 
generous offer of their mediation, invited them* in 
concert, to concur in the completion of the great and 
falutary work of peace, by taking part, as mediators, 
in the definitive treaty to be concluded bttv/een their 
Britannic and moft Chriftian Majefties. Their faid 
Imperial Majefties having readily accepted that invi- 
tation, they have named as their reprtfentatives, viz. 
* His 



49 6 TREATIES (1259 

His Majefty the. Emperor of the Romans, the moil 
illyftrious and moft excellent Lord Florimond, Count 
Mercy- Argenteau, Vifcount of Loo, Baron of Crich- 
egnce, Knight of the Gulden Fleece, Cliambcrlain, 
actual Privy Coimfellor of State to his Imperial and 
Royal Apoftolic Majefty, and his Ambafiador to his 
moft Chriftian Majefty; and her Majefty the Emprefs 
of all the Ruflras, the moft illuftiious and moft excel- 
lent Lord, Prince Iwan Bariatinfkoy, Lieutenant Ge- 
neral of the forces of her Imperial Majefty of all the 
Rufiias, Knight of the Orders of St. Anne, and of the 
Swedifh Sword, and her Minifter Plenipotentiary to 
his moft Chriftian Majefty, and the Lord Arcadi de 
MarcofT, Counfellor of State to her Imperial Majefty 
of all the Riifiias, and her Minifter Plenipotentiary to 
his moft Chriftian Majefty. In confequence, their faid 
Majefties the King of Great Britain, and the moft 
Chriftian King, have named and conftituted for their 
Plenipotentiaries, charged with the concluding and 
figning of the definitive treaty of peace, viz. the King 
of Great Britain, the moft illuftrious and moft excel- 
lent Lord, George Duke and F.arl of Manchtfter, 
Vifcount Mandeville, Baron of Kimbokon, Lord 
Lieutenant and Cuftos Rotulorum of the county of 
Huntingdon, aftual Privy Counfellor to his Britannic 
Majefty, and his AmbafTudor Extraordinary and Ple- 
nipotentiary to his moft Chriftian Majefty; and the 
moft Chriftian King, the moft illuftrious and moft ex- 
cellent Lord, Charles Gravier, Count de Vergennes, 
Baron of Welferding, &c. the King's Counfellor in 
all his Councils, Commander in his Orders, Prefident 
of the Royal Council of Finances, Counfellor of State 
Military, Minifter and Secretary of State, and of his 
Commands and Finances: who, after having exchanged 
their refpe&ive full powers, have agreed upon the fol- 
lowing articles : 

I. There (hall be a Chriftian, univerfal, and perpe- 
tual peace, as well by fea as by land, and a fmcere 
arid conftant friendfhip fhall be re-eftablilhed between 

their 



1787-1 WITH FRANCE. 497 

their Britannic and mod Chriftian Majefties, and be- 
tween their heirs and fucceffbrs, kingdoms, dominions, 
provinces, countries, fubjects, and vaffals, of what 
quality or condition foever they be, without exception 
either of places or perfons ; fo that the high contract- 
ing parties fhall give the greateft attention to the main- 
taining between themfelves, and their faid dominions 
and fubjects, this reciprocal friendlhip and intercourfe, 
without permitting hereafter, on either part, any kind 
of hoftilities to be committed, either by fea or by land, 
for any caufe, or under any pretence whatfoever ; and 
they fhall carefully avoid, for the future, every thing 
which might prejudice the union happily re-eftabliihed, 
endeavouring, on the contrary, to procure recipro- 
cally for each other, on every occafion, whatever may 
contribute to their mutual glory, interefts, and advan- 
tage, without giving any afliftance or protection, di- 
rectly or indirectly, to thofe who would do any injury 
to cither of the high contracting parties. There fhall 
be a general oblivion and amnefty of every thing which 
may have been done or committed before or fmce the 
commencement of the war which is juft ended. 

II. The treaties of Weftphalia of 1648 ; the trea- 
ties of peace of Nimeguen of 1678 and 1679; of 
Ryfwick of 1697; thole of peace and of commerce 
of Utrecht of 1713; that of Baden of 1714; that of 
the triple alliance of the Hague of 1717 ; that of the 
quadruple alliance of London of 1718; the treaty 
of peace of Vienna of 1738 ; the definitive treaty of 
Aix-la-Chapelle of 17485 and that of Paris of 1763, 
ferve as a bafis and foundation to the peace, and to 
the prefent treaty -, and, for this purpofe, they are all 
renewed and confirmed in the bed form, as well as 
all the treaties in general which fubfifted between the 
high contracting parties before the war, as if they were 
herein inferted word for word; fo that they are to be 
exactly obferved for the future in their full tenor, and 
religioufly executed by both parties, in all the points 

VQL, I. K k which 



49* TREATIES {1259 

which fhall not be derogated from by the prefent treaty 
of peace. 

. III. All the prifoners taken on either fide, as well 
by land as by fea, and the hoftages carried away or 
given during the war, and to this day, fhall be reftorcd, 
without ranfom, in fix weeks at lateft, to be computed 
from the day of the exchange of the ratifications of the 
prefent treaty j each crown rcfpe&ively difcharging the 
advances which lhall have been made for the fubfift- 
ence and maintenance of their prifoners by the Sove- 
reign of the country where they fhall have been de- 
tained, according to the receipts and attefted accounts, 
and other authentic vouchers, which fhall be furnifhed 
on each fide: and furetics fhall be reciprocally given 
for the payment of the debts which the prifoners may 
have contracted in the countries where ttay may have 
been detpined, until their entire releafe. And all fhips, 
as well rr.en of war as merchant-fhips, which may have 
been taken fmce the expiration of the terms agreed 
upon for the cefiation of hoftilities by fen, fhall like- 
wife be reflored, bond fide, with all their crews and 
cargoes. And the execution of this article fhall be 
proceeded upon immediately after the exchange of the 
ratifications of this treaty. 

IV. His Majefry the King of Great Britain is main- 
tained in his right to the ifland of Newfoundland, and 
to the adjacent iflands, as the whole were afTured to 
him by the thirteenth article of die treaty of Utrecht ; 
excepting the iflands of St. Pierre andMiquelon, which 
are ceded in full right, by the prefent treaty, to his moft 
thriftian Majefly. 

V. His Majefty the moft Chriftian King, in order 
to prevent the quarrels which have hitherto arifen 
between the two nations of England and France, con- 
lents to renounce the right of fifhing, which belongs 
to him in virtue of die aforefaid article of the treaty 
of Utrecht, from Cape Bonavifta to Cape St. John, 
fituated on the eaftern coaft of Newfoundland, in fifty 

degrees 



1787-] WITH FRANCE. 499 

degrees north latitude; and his Majefty the King of 
Great Britain confents on his part, that the fifhery afV 
figned to the fubjefts of his moft Chriftian Majefty, 
beginning at the faid Cape St.' John, parTing to the 
north, and defcending by the weftern coaft of the ifland 
of Newfoundland, fhall extend to the place called Cape 
Raye, fituated in forty-feven degrees fifty minutes la- 
titude. The French fifhermen fhall enjoy the fifhery 
which is affigned to them by the prefent article, as they 
had the right to enjoy that which was affigned to them 
by the treaty of Utrecht. 

VI. With regard to the fifhery in the gulph of St. 
Laurence, the French fhall continue to exercife it con- 
formably to the fifth article of the treaty of Paris. 

VII. The King of Great Britain reftores to France 
the ifland of St. Lucia, in the condition it was in when 
it was conquered by the Britrfh arms: and his Britannic 
Majefty cedes and guaranties to his moft Chriftian Ma- 
jefty the ifland of Tobago. The Proteftant inhabi- 
tants of the faid ifland, as well as thofe of the fame 
religion who fhall have fettled at St. Lucia, whilft that 
ifland was occupied by the Britifh arms, fhall not be 
molefted in the exercifc of their worfhip : and the 
Britifh inhabitants, or others wh